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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience:  Began practicing law in 1992
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Can 1 DCFS caseworker go to school, take your kids out of class,

Resolved Question:

Can 1 DCFS caseworker go to school, take your kids out of class, and talk to your kids in a room by theirself without consent or even notifying the parent, no recording device, or having anyone else present? Then can they come to your house without you even there and take your kids from the caretaker because of what they supposedly heard? My kids later told me that they did not say what she is claiming they did.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

A DCFS can talk to the kids without the parent's permission or without anyone else present.

JD 1992 :

They can remove the children from your home without you being there, although they should have had a warrant to enter the home.

JD 1992 :

Or if not a warrant at least a court order.

Customer:

are they allowed to question my kids at school without talking to me first or having anyone there to verify what the kids said?

JD 1992 :

Yes. That is not uncommon.

JD 1992 :

There seems to be an urban myth that they're not allowed to do that but there is no state which prevents it so I'm not sure where the myth started.

Customer:

It doesn't seem right to me as she first told me that all the kids had the same story , then she changed the story to one of them told her. Then when we were in court she changed the story again saying my other son told her this. Both my kids say this isn't true. I would like to know what was actually asked and if coersion was used. Is there a way to get the information since noone else was there or deny her to use that information since i cannot verify what was said?

JD 1992 :

Once it gets into court you can get a copy of her notes or any recordings that she may have taken.

JD 1992 :

If you hire a lawyer they may be able to get it by filing a request or filing in court.

JD 1992 :

They can definitely get it by filing for it in court but they may turn it over to a lawyer without them filing.

Customer:

I see. Do you think it would be worth talking to a lawyer about that possibly being unconstitutional?

Customer:

An officer has to get permission first if it is a minor right?

JD 1992 :

It's not unconstitutional for them to talk to the children but she wasn't supposed to enter your home without a warrant or an order. That is unconstitutional. I think you need to get a lawyer because the only way you come out ahead in these kind of cases is by being aggresive.

JD 1992 :

An officer has to get permission for what?

Customer:

to talk to minors without consent

JD 1992 :

No, they can talk to a minor without the parent's consent. However, if the minor somehow implicates themselves in a crime the confession may not be admissible.

Customer:

I have been looking for a lawyer but cant seem to find one that deals in this kind of case. Most in the phonebook are just wanting criminal or injury cases. Is there a link or somewhere to get referred from this site to find one that suits my needs?

JD 1992 :

You can go to www.lawyers.com and look for one that does Family Law. That website allows you to search by area of practice as well as location.

Customer:

Ok thank you very much.

JD 1992 :

Best wishes to you.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Customer:

ty

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26688
Experience: Began practicing law in 1992
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