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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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My 9 year old is terrified by DHS. He does not know from day

Customer Question

My 9 year old is terrified by DHS. He does not know from day to day if he is going to be kidnapped by this evil agency. I am being falsely accused of physical and sexual abuse. They are using information from 2000. I have no memory of what they are saying or accusing me of. I was taking Seroquel and it wiped my memory from 2000 to 2001. I have had to have family and friends fill in the pieces of that period of time.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

 

I am an attorney with more than 25 years of experience and I look forward to providing you information in this regard

 

Please tell me

 

Are you the Mother or Father? Where is the other parent?

Do you have other children?

 

Do you have family nearby?

 

What is it you want to do - you cannot sue DHS for defamation, unfortunately. But it can be a tyrannical agency to deal with.

Customer: replied 1 year ago.

I am the mother and yes, I have two other children. My oldest, Brendan, was given back to the abusive father we left in 1993. He is now 22. My daughter, Kahlan, was born on November 27, 2001. My fiance and I could not financially raise a child at that time, so my sister-in-law and brother-in-law said they would adopt her since they could not have children. DHS lied and said she was taken away because of neglect. Now, in 2013 they are trying to take my 9 year old based on the past. Also, February 25, 2005. My fiance took prescribed meds. that made him violent. He went to prison and will be through with his parole and probation on April 27, 2014. We want to be a family and get married. He is my son's father and we love him. DHS say they can stop us and take our son. Can they? Also, why CAN'T I SUE DHS? They are trying to pull my family apart.


 

Expert:  Sam replied 1 year ago.

Hi

 

Thank you for that information.

 

I suggest that when DHS gets out of control, the only thing that stops them is to have your state elected official to the PA General Assembly contact the department head and reign them in.

 

You cannot sue DHS because it is a government entity and thereby has immunity. You would have to jump through a lot of hoops to get permission from the courts to sue and I suggest this is why you cannot find a local attorney to assist you. It's a No Win situation, unfortunately

 

So for the time being, I suggest you best recourse is to contact your elected State Representative to the General Assembly and tell them what is going on. Ask for them to intervene. Tell them to tell DHS to stop harassing you.

 

As to you getting married, if you were never a felon, then they cannot prohibit the marriage. I am not sure about their reasoning for threatening to take your child so I cannot guarantee that a marriage would not contribute to their "case" against you in some way.

 

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