Can DHS force my son into drug treatment with no incidences of trouble with the law or school about drugs, just the babbling rant of an upset alchoholic? Who happens to be the step-father who was jailed for assault when he got drunk while talking to my son about him smoking weed and then assaulted him.
Thank you for allowing me to assist you.
Only a judge can force someone into treatment but that can only happen if there is an active court case. Has any court case been filed?
Sometimes, social workers make demands and threaten to start a dependency case if the parties don't comply with those demands. Has anyone threatened to file a case?
What grounds do you think she would have to file a case on? By the way my son is 17. The whole DHS case was opened because of my husbands drinking in the house in the first place.
Some sort of case was mentioned at the TDM when they forced me to stay away from my husband or else, I don't know what kind, but it was dropped.
There are really only two kinds of cases that involve minors. The first is a dependency case. That could occur if the court felt that your child's parents were either abusing him, neglecting him or failing to protect him. The second is a delinquency case where your child is accused of committing a crime. I do not see that there is any crime that your son could be accused of in this case.
I doubt that there would be sufficient grounds to start a dependency petition either but it's impossible to know what claims social workers could be made. Some social workers have their own agenda and are willing to make up allegations. I do not know what the situation you are facing would be.
If they insisted that you stay away from your husband, it sounds like they may be posturing for a "failure to protect" dependency case.
Thank You, XXXXX XXXXX very helpful.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).