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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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I live in Oklahoma. I've had 3 accusations against my family

Customer Question

I live in Oklahoma. I've had 3 accusations against my family in the last 4 months. This latest one is an allegation that my husband smokes meth and that there was feces leading up to my home as well as inside. I was asked if there was anywhere I could take my kids for immediate safety. I responded no, but then remembered I had a vacation paid for that I thought I'd use before it expires this month. The time was roughly 5:30 at night so I got my 4 kids and took them to dinner. For two reasons, one they're nosy amd 2 it was dinner time. I was then accused of running away because I had 2 bags; my purse and a diaper bag. The worker asked if she could come inside we told her no she couldn't. She then called the police. My question is, with her scare tactic and calling the police who did indeed come to my home isn't that grounds for immunity dismissal and can I Sue? She also called my ex husband and told him that I had about a 0% chance of keeping my kids. So I called to clear things up and she said we needed to sit down and have a meeting I agreed. This was on a Thursday. She informed me that the meetings need to be booked 2 business days in advance. Friday and Monday but I said to go ahead and make it Tuesday evening. I told her to give me a call on Monday so I know what time. Monday comes no call. So I give her a call. She proceeds to tell me she failed to set up a meeting. I asked if she can come to my home and we can discuss. She says no she's unable to get ahold of her supervisor that we'd have to wait until next week. I told her I wasn't very happy about this and told her that it was her duty to set the meeting and I wouldn't be free for a while. She hangs up with me and not even 5 minutes pass and she calls. Said she got a hold of her supervisor and can meet me at my house on the Tuesday. I said okay I've got plans please be at my house at 8:30 she great fully agreed. Tuesday morning comes along she never showed up she never called until almost 4 in the afternoon. She tells me she was on a case til 5 am. My questions are if my kids are in such "immense danger" why is she failing to complete her end of the investigation?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard.
Unfortunately, you do not as per your facts have a basis to sue.
I suggest that you are correct that if the the worker felt your children were in immediate danger she should have the children removed from the home.
What is the status of this case now? Have you heard anything else? Do you feel your children are in danger? Does your husband use illegal substances the worker will be able to prove?
What other questions do you have. Please remember, I can only answer what you ask.
Thank you
Customer: replied 1 year ago.
No i don't feel my children are in any danger at all. The status of this case is still ongoing Investigation. I have set up a meeting with her for a week from today. How can she state I hardly have a chance to keep my children in the home with me when I've done nothing wrong and have always been cooperative ?
Customer: replied 1 year ago.
We've both agreeing to be drug tested ( oh I was accused because I was "hard to wake up" but we haven't been tested yet and we're being treated like criminals and bad parents.
Expert:  Samuel II replied 1 year ago.

Hello

They can say anything they want. However, it does not mean that it is so. Like Police when they use interrogation tactics, the social workers can say whatever they want in an investigation to try to get to the truth. It is an unfortunate technique, but it is not illegal.

I suggest that investigations of this nature are not generally opened and closed. They do take time. I suggest that you will want to consider going to a local clinic and requesting to be tested for use of any and all illegal substances. That way, when you take the test for the state, you can also have your results showing they are negative.

It is unfortunate that good parents are treated this way. Keep in mind, that at any time the worker feels the children are in danger she can have them removed from the home.

Expert:  Samuel II replied 1 year ago.

And so you also may want to consult with a local criminal defense attorney who can contact her and tell her to make a charge or stop the harassment.

Customer: replied 1 year ago.
when we have this meeting and have this drug test and things come back negative, will the case be closed?
Expert:  Samuel II replied 1 year ago.

I suggest yes, it should be closed. But again, it is it your benefit to have an independent drug screening to compare

Expert:  Samuel II replied 1 year ago.

The complaint involves drug use and in that regard, when it returns negative, there is no longer a basis for the investigation

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