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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My 8 yr old granddaughter became part of a child abuse

Customer Question

My 8 yr old granddaughter became part of a child abuse investigation over 3 months ago when her mother, her custodial parent, was accused of child abuse in form of denial of critical care. I believe those charges were determined to be unfounded. But also during that process her mother was accused of drug (methamphetamine ) use, declined to take hair stat drug test & was generally uncooperative with dhs. While being asked to give hair sample again (3rd dhs attempt) she reported that my son AND I, "BOTH use drugs & should have to take drug tests too" We both cooperated immediately when asked by dhs. I was even reponsible to pay for my own drug testing so worker requested only UA with a negative test result for all drugs from hospital which was reported to worker. My son underwent hair stat test immediately when asked which came back with a positive result for meth. He admitted using briefly approx 2-3 months before testing but agreed to tx eval by drug councelors with supervised visits o
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

So what is the reason they removed the child from your care if the mother was reported for abuse and you tested clean for drug use? What about your son, does he still have rights to the child?

Customer: replied 1 year ago.
There was a second allegation via the abuse hotline, made by the mother again we discovered later, stating the reporter had been in my home & had seen a meth pipe on a table in my bedroom. I had kept my bedroom door locked during anyones visits because it was only location to safeguard cash I had on hand to pay my property taxes.
Customer: replied 1 year ago.
my son still has parental rights. He is currently undergoing substance abuse eval . He expects to be realeased with intentions of following any recommendations they might have. He has been drug free since before this all began.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If that second claim was unfounded and you tested clean, there is no basis to keep the child from you. Your son, who is the father, is going to need to file a motion for custody with the court and is going to have to take this matter of court to get custody back and then you can get the rights to the child again as part of his motion. CPS is the most incompetent, negligent and abusive bunch of social workers you will ever deal with, they have no legal right to remove a child when a claim is not substantiated, especially with a clean drug test, but they do it all the time and the only way to get the child back is they force you to get an attorney and file in court to prove that they are lying or making up evidence and have removed the child for no valid reason.

Customer: replied 1 year ago.
My issue is that the second test isn't scheduled until Saturday afternoon. Is there anyway to protect myself from more allegations from this miserable excuse for a mother, who has yet to provide sample of her own for the testing dhs started requesting in May. She was proud to report 25 days sobriety to my day care provider & myself the last time I saw her, mind you she is 6 months pregnant! Thank goodness not my son's...
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Unfortunately, these DHS social workers are pretty much entrusted with this power, which they do often abuse as in this case. There is no way to protect yourself from allegations because they have to investigate any allegations I am afraid. All you can do is protect yourself with the truth and the evidence against the mother.