Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

he LA DCFS interrupted my life as a new mom and started an

Customer Question
investigation based on a complaint...
he LA DCFS interrupted my life as a new mom and started an investigation based on a complaint that made no mention of, much less fitting the description as required, child abuse/neglect on 10/03/2010. Despite my not realizing I could refuse entry to my home, I refused to cooperate due to the lack of relevance of complaint to investigation at first and then on principle that their lack of validity in complaint negated any right to my personal and family's personal information. By January 25, 2011 our home was invaded again, and the result was both my 11 mth daughter and me being detained under false accusations and means... I was being held in the hospital due to their efforts and not properly notified much less able to attend detention hearing (stated as occurring on Jan 15,28,29 - actually occurred from what I can tell on 28). There was a detention/jurisdiction(?) hearing to follow (Feb 22) I was told it was not important to attend- and was not properly notified of by DCFS--- Then, I believe I was misinformed/coerced into signing JV190 at hearing on 2/22. I would like to address the misconduct, denial of rights, essentially-0kidnapping of my child and myself, and so on re detention 1/25 and issues to follow such as hearing on 1/25. I want to have case thrown out. Most importantly, for now, I want my child back. Can someone help me figure out to address these matters in a legally addressable format?
Submitted: 6 years ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 32 minutes by:
3/1/2011
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney with child protective law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "Can someone help me figure out to address these matters in a legally addressable format?" Please allow me to start by saying that I am genuinely sorry for your circumstances. I have seen lives literally destroyed in such cases, so I sincerely XXXXX XXXXX things soon look much brighter for you and that you see your family reunited. Here is my best recommendation for addressing your concerns with the Los Angeles County Department of Children and Family. There is a grossly underutilized resource, at least in my estimation, which operates under a serious statutory duty to investigate and intervene. I am referring to the Ombudsman, and in my experience these folks can get to the bottom of seemingly helpless situations. Toward that end, I would encourage you to contact the county office at(NNN) NNN-NNNN Alternatively, if you would very understandably feel more comfortable dealing with another entity, you could call the state office at(NNN) NNN-NNNN This would be your starting point, and I can assure you that you are far from alone, for what it is worth.
  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Ask Your Own Family Law Question
Customer reply replied 6 years ago
The Los Angeles County DCFS interrupted my life as a new mom and started an investigation based on a complaint that made no mention of, much less fitting the description as required by both DCFS procedural content and California Law (WIC section), of child abuse/neglect on 10/03/2010.

Despite my not realizing, at the time, I could have denied entry to my residence repeatedly, I refused to cooperate due to the lack of relevance of the complaint to the investigation they were attempting to pursue. When the investigation became a DCFS case, I continued to refuse to cooperate, in most part, on principle. I did not feel my lack of guilt should compel me to prove anything because, again, there was no valid reason for their investigation.

Ongoing practice of misconduct by the DCFS has been rampant since the case was initiated, and there have been numerous opportunities missed for proper address of the issues in court due to ongoing delinquent pursuit, representation, explanation and notification.

A DCFS petition requesting WIC300(b) was sustained at a hearing my spouse and I did not receive legal notice of and did not attend. There was another hearing on 11/5/2010 that we were not properly informed of that needs review. The following hearing on 12/10/11 was one we did not realize we had rights to and should have attended. On 12/20/2010 we, mistakenly, agreed without proper information/understanding to acceptance of our child falling under provisions of WIC 300(b) failure to protect and neglect as well without knowing we had a right to insist on a trial. I was not allowed to address the court. Our child was left in our care but was determined a dependent of the court. Our next hearing was to fall on 2/14/11.

By January 25, 2011 our home was, again, invaded by the DCFS accompanied by two Van Nuys division LAPD officers resulting in both my 11- month –old daughter and me being detained under false accusations and means... I was being held in the hospital due to their efforts and not properly notified much less able to attend detention hearing (stated as occurring on Jan 15,28,29 2011 - actually occurred from what I can tell on 1/28/11).

There was a detention/jurisdiction (?) hearing to follow (2/22/11) that I was told, by my court appointed attorney, was not important to attend- and was not properly notified of by DCFS of this hearing.

Then, I believe I was misinformed/coerced into signing JV190 at a hearing on 2/25/11. I would like to address the misconduct, denial of my rights, the “kidnapping” of my child and myself, and so on regarding all of the pertinent events occurring 1/25/11 in regard to this situation and issues following up to date.

My goal, for now, is to have the case thrown out. Most importantly, for now, I want my child back. Can someone help me figure out to effectively and efficiently address these matters in a legally addressable format? I found the court will consider a parent's petition to have a court order changed when researching their website. It falls under WIC 388; the form is labeled as JV182. I think that may be one possibility to pursue the matter but feel it may not be completely adequate and am unsure whether it is the best way to go right now.

There are many more details to case needing address, but in the interest of time... please respond as possible...

First respondent went offline before answering my response...hank you for your response, Benjamin M Burt, Jr Esq.... I found the Ombudsman contact in some of the paperwork I have, but it appeared to me, on first glance to their website, they are primarily involved with Sheriff Department and Senior complaints. I am looking at it again tonight. Also, were you referring to the County of Los Angeles and the State of California with the phone numbers you listed because the county number went to a voicemail that did not identify any organization or individual's name.
Family Lawyer: LawHelpNow, Attorney/Lawyer replied 6 years ago

Hello again,

 

Thanks for writing back -- good to hear from you.

 

I will be glad to comment further -- please see below.

 

I do ask that you kindly press "Accept" on the honor system to process my answer. I earn no salary or wages and will receive no compensation whatsoever unless you do so. Thereafter, I will gladly continue our dialog without additional charge.

 

  1. "Also, were you referring to the County of Los Angeles and the State of California with the phone numbers you listed because the county number went to a voicemail that did not identify any organization or individual's name." The first number was for the local county office, and the second was for the state office. If you are having trouble with trying to make contact, here are full contact details: Los Angeles County Ombudsman, Sheila Rice, Los Angeles County Department of Children and Family Services, 425 Shatto Place, Los Angeles, California 90020,(NNN) NNN-NNNN[phone],(NNN) NNN-NNNN[fax], [email protected] [e-mail]

 

I hope that helps a bit more and that things work out properly for you in this matter.

 

Take care and thanks again for choosing JustAnswer®!

 

[Please click "Accept" -- this is the only way I get paid for my work and services provided.]

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified
LawHelpNow and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask LawHelpNow Your Own Question
LawHelpNow
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Family Law
Satisfied Customers: 7,639
7,639 Satisfied Customers
Experience: Relax. Let's work together. Practical solutions.

LawHelpNow is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
How do I respond to and request a termination of a
how do I respond to and request a termination of a protection order in idaho? I have no attorney and can only appear by phone, because I am 600 minles away in another state.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,810 satisfied customers
I'm in the process of annulment as the respondent in Texas.
Hi. I'm in the process of annulment as the respondent in Texas. I have not filed an answer and my spouse intends to proceeds the annulment by default.1. If the annulment is by default, does the court … read more
originallawyer
originallawyer
Attorney at Law
Doctoral Degree
905 satisfied customers
Who all can be named as a respondent in an alienation of
who all can be named as a respondent in an alienation of affections claim? How does that play out? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
My son's daughter has been taken into custody by DCFS. She
My son's daughter has been taken into custody by DCFS. She is in a temporary foster home. He has been accused of neglect, abuse, and sexual misconduct. He is looking for help to prove these allegation… read more
Sue
Sue
Juris Doctorate
242 satisfied customers
My grandchildren were taken away from the mother by dcf in
my grandchildren were taken away from the mother by dcf in the state of florida one of the children if my sons legal daughter the other child my son has taken on the responsibilty of him shortly after… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am curious if I can ever sue DCF? Connecticut. So a
So a situation in 2010 occurred where my mother abandoned me and left me within a temporary custody hold when I should've gone to my father. DCF has lost this paperwork due to an employee not completing her job on the case. This has caused me issues in student financial aid and now in family relations … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a mother, my daughter had a trust fund that DCFS
I am a foster mother, my daughter had a trust fund that DCFS overseen and it disappeared. There are many other issues regarding DCFS corruption. Do we have a class action suit? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,297 satisfied customers
Do I have to let DCF into my home without a warrant? My ex
Do I have to let DCF into my home without a warrant? … read more
socrateaser
socrateaser
1,031 satisfied customers
I was served with a summons to respond to a divorce
I was served with a summons to respond to a divorce petition. How do I respond in fl. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
I have a DCFS case. My three children were removed from me.
I have a DCFS case. My three children were removed from me. I will be going to court on Tues Oct 31. for trial. The SW is recommending to end family law jurisdication and give joint physical custody t… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My ex wife and my daughter (17yo) reported to DCFS that
My ex wife and my daughter (17yo) reported to DCFS that myself and my roommate were users of an illegal drug in, what i believe, a cheap shot to get an advantage in family court over a costudy issue. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to sue Dcf for abuse of process. Violation of my
emotional abuse on a child against agency recommendations … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Can two parents take there child out of state. DCF is
Can two parents take there child out of state. DCF is starting an investigation based on allegations by the child's uncle.. During a vacation to his house for labor day. We don't live in that jurisdic… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
What r the rights of a mother who just had a baby. Dcfs came
What r the rights of a mother who just had a baby. Dcfs came in and took it away when family members were there ready and willing to take responsibility for new born… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
I am finally in the process of hoping to close our DCFS
I am finally in the process of hoping to close our DCFS case. We came at the attention because my son's father picked up a walker to hit me while I was holding our son. When I called he took off. Two … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,457 satisfied customers
My wife is in DCF custody and rapidly turning into a
My wife is in DCF custody and rapidly turning into a vegatable, I have not been charged with anything. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
During a dcfs investigation, if the children are left with
During a dcfs investigation, if the children are left with other family members by the accused, do they have to reveal where the children are? and does dcfs have a right to go see them at that locatio… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
If an infant is placed on a hold due to a call to DCFS from
If an infant is placed on a hold due to a call to DCFS from a medical professional, are they obligated to inform the infants parents of this? And what are the parents rights during the time of this in… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x