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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience:  Attorney experienced in all aspects of family law
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I am on Disability for Mental & Medical reasons. The state

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I am on Disability for Mental & Medical reasons. The state of Ks came in on a CINC and took my children, one of which is disabled and was questioned 3 days in a row by a police officer at the school without my knowledge.There were 2 police officers that came to my house on the night of the 27th on a heath and welfare call, they left empty handed, but all of a sudden from the school on the 28th because my "disabled son" slept for 2 hours and when he woke his pulse was 126 and his bp was 90/56 they were conserned we had given him a pill he didn't need. They did not seek medical attention, they called the cops, and a CINC. They were also concerned that because that past weekend a "ghost hunter team" was just hear to talk to us because my son was saying his "ghost friend wanted him to kill himself so he could play with him all the time" SRS did not do an investigation they were taken right then. So in the course of 4 days they threw together Mental/Emotional abuse "worth" court. ILLEGAL??
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.
Hello there:

to make an initial detention, the state only needs to have probable cause to believe that the child is endangered. On the one hand, this is a very low burden of proof; on the other hand, if that burden is not met, the detention is illegal. If the children are out of a parent's custody, they should have a court hearing established within a week at which point the validity of the charges will be preliminarily examined.

As for interviewing your child, as hard as it may seem to believe, the parent does not need to be given notice when their child is interviewed by law enforcement. As disgusting as it is, this happens all the time and law enforcement uses the school as their point of contact so that the parents cannot "interfere" with their investigation. The fact that a child may be disabled is irrelevant for their purposes. This is one of those situations where I wish that I made the law instead of just told people what the law is.

I realize that some of this is probably not what you had wanted to hear, but I do hope that you understand my philosophy that I cannot help customers unless I give them the truth, regardless of whether it is "good" news or "bad" news. Thank you, XXXXX XXXXX me know if I may be of further assistance.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12237
Experience: Attorney experienced in all aspects of family law
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