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Steven  K.
Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1672
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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Can DHS force my son into drug treatment with no incidences

Resolved Question:

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.

Submitted: 1 year ago.
Category: Family Law
Expert:  Steven K. replied 1 year ago.

Steven Kincaid :

Thank you for allowing me to assist you.

Steven Kincaid :

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?

Steven Kincaid :

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?

Customer:

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.

Customer:

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.

Steven Kincaid :

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.

Steven Kincaid :

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.

Steven Kincaid :

If they insisted that you stay away from your husband, it sounds like they may be posturing for a "failure to protect" dependency case.

Customer:

Thank You, XXXXX XXXXX very helpful.

Steven K., Family Law Attorney
Category: Family Law
Satisfied Customers: 1672
Experience: I have practiced family law since 1996, focusing on child custody and domestic violence
Steven K. and 2 other Family Law Specialists are ready to help you

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