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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can SC department of Social Services freeze me out of my own

Customer Question

Can SC department of Social Services freeze me out of my own police report?
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends on the situation. Can you please tell me a little more about what has happened, who filed the police report, and whether anyone (who) has been charged with anything?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 6 months ago.
My grandson got out of my daughters apartment in the AM. Daughter thought he had gone to the daycare because was my usual day to take him. Neighbor called DSS and police. She was arrested for disorderly conduct. because she was fighting with her husband, they said she seemed intoxicated. Did not take alochol tesst. She was not intoxicated. DSS took my grandson by threatening to put in him in foster care if they did no sign him over to sn inlaw sister. no warrant no nothing. they came in an searched the apartment without permission and took pictures without permission. That police report say that there were no drugs or alcohol found. they have locked her out of that police report. Paid the fee for public defender. He was rude and would not help. They have now kept my grandson for a year. My daughter has completed almost every detail of the DSS assessment and treatment requirements. We have a court date on June 1st and they are trying to rail road all over her. I am taking custody of the the two kids but it very difficult for me at 57 to take care of a newborn and a 4 year old and work full time.
We need an attorney that cares. someone that will let us pay monthly or such. Even an attorney to send a court order to police for the records to be released.
There are many law suits against Anderson County DSS. I beleive they are coviering. There was no cause hearing, Could get the case worker to return calls and then we did get one. But can not trust them.
Customer: replied 6 months ago.
They are trying to get her for neglect.
Expert:  Ely replied 6 months ago.

Thank you. You say that you are freezed out of your police report. What do you mean? Please tell me:

1) Who filed the original police report? Or do you mean the DSS report?

2) Did you try to get it, or did someone else?

3) What is the method you (or whoever) tried to get it? Did you (or whoever) just call the police/DSS and ask for it? Or what did you do, exactly?

4) What was the response, exactly?

5) The hearing coming up - is it civil court for the custody of the child, or, criminal court for her?

Customer: replied 6 months ago.
DSS put hold on police report
Daughter tried to get her own report
she went directly to police for report
they said the the report had been frozen that she could nto get a copy of her own police report.
family court for custody of child and merits of any further hearing on neglect. notice of relief.
Expert:  Ely replied 6 months ago.

Thank you.

DSS cannot or should not even have the power to "freeze" a police report. This is simply not how it works. DSS has no power to tell the police which report should be "frozen."

If the daughter is attempting to get her own police report but she cannot, and she or you are party to the custody case, then the police report may be subpoenaed from the police.

Alternatively (and this works for both parties to the case and non-parties), one can request a freedom of information act (FOIA) request to the police. See HERE. Sample letter for FOIA can be found HERE. NOTE however that records to cases that are still ongoing and/or are being investigated can be denied.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 6 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!