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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11823
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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The Los Angeles County DCFS interrupted my life as a new mom

Customer Question

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 25,28,29 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.
Submitted: 6 years ago.
Category: Family Law
Expert:  Tina replied 6 years ago.

Thank you for contacting

Unfortunately this is a question for which it is best to retain a local attorney as it is not a question which we can readily answer through this forum.

Good luck and take care.