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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12573
Experience:  Attorney experienced in all aspects of family law
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Just wanted to know what a parent can do if the Department

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Just wanted to know what a parent can do if the Department of children and family services took the child by a lie.
JA: Family law varies by state. What state are you in?
Customer: GA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.

Good evening. My name is Brandon. Ultimately, it's not up to the Department of Children and Family Services to decide what is true. They can take immediate, emergency action when they believe that a child is in imminent danger, but they then have to set a court date and give the parents the opportunity to be heard. If DCFS can't prove to the court that continued removal is necessary for the safety of the child, or if DCFS fails to schedule a court hearing, the child is returned. Furthermore, even if danger is proven, the child can only be permanently taken if there's no chance of successful reunification between the parent(s) and child.

So, for a parent who has just had their child taken, they can normally expect to be notified of a court date within a few days. Counsel will be provided if needed. Please let me know if any of that doesn't make sense and please remember to leave a rating once you are finished (it is how I am credited for my answer). Thanks.

Customer: replied 4 months ago.
What if the department takes a child from a foster child, who was living in an unsafe foster home. Ie no food for her child, can the department hold her responsible for that since it is a placement provided by them?

"takes a child from a foster child"... I do apologize, but I'm not sure that I understand. Can you rephrase?

Customer: replied 4 months ago.
If the child who had the child is in foster care i.e. the parent

I'm still confused. Are you talking about a minor who is a parent?

Customer: replied 4 months ago.
I am

Well, poverty alone isn't legal cause to remove a child from his or her parent.

Customer: replied 4 months ago.
Abandonment is the claim however the mom left the child in a safe place since the placement was unsafe. She was told it was ok until it came back that the placement wasn't fully looked into. However no one took the blame the mother was blamed and no one looked further into the placement and who told her it was ok. After doing research it was discovered the department approved it but took back approval but the prior approval was never introduced into court. Only the fact she left the child

Yes, and that's why it's important to recognize that DFCS doesn't have the final say.

Customer: replied 4 months ago.
The case is two years old and this information just came out a hearing has been schedule to present this evidence. What will that hearing do/look at?

I'm not sure without seeing the notice of hearing. Will this be the first court hearing?

Customer: replied 4 months ago.
No this is a hearing two years later. To look at the new facts in the case.
Customer: replied 4 months ago.
An issue that was brought up was the mom and the child had the same GAL

What does it call the hearing on the notice?

Customer: replied 4 months ago.
Nothing an agency working with the child asked for a review hearing and all people involved were told. After the mom got a lawyer things were brought full circle. Mostly the issue of one attorney representing mom and child
Customer: replied 4 months ago.
Im just confused why it would matter if a mom and child had the same GAL and why someone would need a review hr much later into case. Especially when adoption was on the table and now it may not be.

If mom and child had the same GAL, it would normally create a conflict of interest for the GAL. The GAL would know information about the mom that would otherwise not be available, and that information would be used to "represent the child", possibly in contradiction to the mother's objectives. It's potentially pretty serious and could cause a case to start over from scratch.

Customer: replied 4 months ago.
can you explain from scratch? I think I'm starting to get how serious this may be, I was just thinking adoption was on the table.

It's like this: imagine a criminal case where the defendant is on trial for murder. The defendant tells his attorney all sorts of confidential information that could be used against him in court if the prosecution was aware of it. Now, imagine if the defendant's attorney quit and became the prosecutor in the case. It would be unfair to the defendant and it would be unethical for the attorney. It's a similar situation--the GAL represented the mother and later represented her child; the communications between mother and GAL could compromise the case by the GAL representing the child.

Customer: replied 4 months ago.
thank you that was an amazing answer I completely understand

Terrific, I'm very glad to hear that. It was my pleasure, and please feel free to leave a positive rating (it's how I am credited). Thank you :-)

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