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DHS Rules and Regulations

Many individuals being involved in situations with DHS have had doubts in how to handle the situations. Having uneasiness about the realm in which DHS can keep them from their children or even how to perhaps fight against DHS often lead to questions like the ones answered below.

What kind of action can I take against DHS in PA?

Any state agencies can be sued. The DHS agency has a commissioner who reports to a board. You can also contact the governor of you state. Government agencies can also be picketed or you can bring your issue to the newspaper and try to get heard that way. Going above and beyond the scope of just dealing with the DHS agency will give you that much more ammunition and at least your side can be heard and perhaps sway those into seeing things your way.

My cousin’s children are in DHS custody. My cousin is in jail. I filled out the paper work to get them but I was denied because of my age. My mother was denied because of her history with DHS. Are there any ways for me and my family to get custody of the children?

DHS regulations require an applicant to be at least 21 years old and prove that they can support and care for the children. Individuals that have prior DHS issues will not be allowed to get the children. You would need to go to Family Court and file a petition for custody. The court will make a determination based on the best interest of the children. If the court finds that living with you is in their best interest then you will be granted custody. DHS would try or need to try to convince the judge that it would not be in the best interest of the children to live with you. Going through the Family Court allows for the judge to make the decision versus the caseworker from DHS.

If an individual has never been taken to court and charges never filed against them, can DHS close a case against someone whom they've found no evidence against and label them a Pedophile, denying them the right to be with their own children?

DHS cannot label someone a pedophile just because they want to with no conviction. It is unlawful for DHS to label a person as a sex offender without this person being formally charged and convicted of the charges. Due process is your right.

I live in Mississippi as do my children. I was told by my DHS case worker that it is illegal for me to cohabitate with my fiancé if I want custody of my children from a previous marriage. Is this true?

An unknown fact to most people is that there are still a few states that consider cohabitation of unmarried individuals to be a criminal action. The state of Mississippi is one of those few states that still have this law. Any unmarried couples living together in Mississippi are in fact committing an illegal act and in essence could be prosecuted. DHS denying you based on your cohabitation did so in a legal realm.

When DHS files a petition to the court to take your child away and the court approves it. Can DHS take my child without showing me any type of proof?

DHS does have every right to show up and remove your child if they lawfully were granted permission from the court from the action they filed. If you require proof of the court decision it is public information. Therefore you can go to the court and as for the court order.

Having information and insight of DHS regulations can help when you or someone you know is dealing with situations that involve DHS. Experts can help answer questions about specific DHS regulations or help you understand the process in which DHS can remove children from someone’s care. Get the answers fast and affordably by asking an Expert online.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
6 Family Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent DHS Questions

  • In the DHS case that has been going on for twdero years now.

    In the DHS case that has been going on for twdero years now. I am just now hearing about a CASA worker for the children. Is this something that DHS should have appointed or the Judge order one for the Kids? In this last order the Judge put in the order
    of services provided that a CASA worker was provided. This is also incorrect. The kids have never had one. Are there any laws on this? Cause I am thinking the Judge put this in there because he knows there should have been one provided and there wasn't. Basically
    trying to cover their ass because the Judge knows the kids don't have one. What can you tell me about a CASA worker and if one is required by law or how this works?
  • I have a situation that I am seeing as impossible and may make

    I have a situation that I am seeing as impossible and may make me choose between my grandson and my husband.
    My Son and his girlfriend are substance abusers. They lost their home, He lost the program he was almost done with in College, and their son, my grandson (17 months old) was staying with the Maternal Grandparents. DHS was called in by her parents because they have been dealing with her substance abuse since she was about 13. They had enough and called DHS as they were concerned about grandson's welfare...rightly so.
    Well, now they have been appointed Shelter foster parents and per DHS anyone who wants to keep the child overnight, outside of their home, has to submit an application and have background check. I am fine with that, I don't have anything that could affect me being able to have him. But my husband, I believe may seal my fate for never having the child be able to stay over nights, as he has done frequently to this point.
    My husband was convicted of a felony sex crime involving a minor 20 years ago. He was convicted of a level one, llkely never to offend again, did a month in jail and was on probation for idk ...a minimal time as well. His minor children were all living with him and he never lost custody of them nor ever had any restrictions put on him regarding his own kids or their friends.
    I am concerned that the DHS background check will investigate that from his application to be able to house the grandson overnight in our home and rule against our home as approved because of his past.
    Is there any information anyone can give me that might give me hope for time with my grandson. I also wonder if the DHS has to keep any information they find out private..I mean they can't share that with the Maternal grandparents or anyone because of privacy laws, right?
  • Me and wife are separated, legally-it was trial separation.

    Me and wife are separated, legally-it was trial separation. We are getting divorce but not initiated yet. Both cars are in my name my insurance etc. she took the better of the two. I have a key to one she drives. If I take it while she is at work and leave the other which is still safe and reliable can she legally do anything as I'm sure she will try to call police
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