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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111477
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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How can we file a complaint against DCS previously known as

Customer Question

How can we file a complaint against DCS previously known as CPS, for unfair holding
child from Mother without doing an investigation for the reason, never meet with Mother
or respond to her phone calls or text messages. Always changing the rules, their rules.
I don't have a lot of money, apparently, and don't want to get myself in a position of having to pay a large legal bill. What if anything can you recommend for me at a very low cost to me. I am just now starting a new job and have not even received one pay check as of yet. I am in a desperate situation, feeling I am helpless to do anything and afraid for my daughter as for one thing, she has too many adults in her life right now, telling her what to do and her own Mother can not even do much to help her. I feel I am being held hostage and so is my daughter, for no reason. Please help me.
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to have found out by now DCS is one of the most incompetent, negligent and abusive agencies you will ever deal with. What you describe is not uncommon, it is something these social workers do all the time.
In order to beat them, you have to take them to court. All DCS knows is court orders and to beat them in court you are going to have to have an attorney, no way around it. You are going to have to present evidence to the court that the complaints against you were baseless and have no evidence to support them in order to file a petition for reunification to the court.
DCS continuously violates civil rights of children and parents both, but you have to take them to court and they have to prove by clear and convincing evidence that you are not a danger to the child and are fit to have custody of the child. I know you do not want to end up with legal bills and you can go to legal aid for assistance if you cannot afford an attorney or call the state bar for assistance, but you are going to have to file a petition for reunification in court to force them to prove in court some justification for continuing to keep mother and child separated and this is your sole option if the social worker is not working fairly with you.
If you win your case, you can then sue them for civil rights violations in federal court for them violating your civil right to raise your child without their interference and without them proving by clear and convincing evidence you are unfit.

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