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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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I am the parent of a grown child. Someone had a dispute with

Customer Question

I am the parent of a grown child. Someone had a dispute with her boyfriend and called DEPT. of Human resources. The worker came. My daughter and b
JA: Family law varies by state. What state are you in?
Customer: Boyfriend went to drug test. They faled the test.
JA: Have you talked to a lawyer yet?
Customer: I have the 2 children
JA: Anything else you want the lawyer to know before I connect you?
Customer: The social worker sent them to bradford for assessment. Bradford said they needed in house treatment. And sent them to Chilton Shelby mental health. Chilton Shelby said classes and therapy outpatient. The social worker said no to classes and said they had to do inhouse
Submitted: 1 month ago.
Category: Family Law
Expert:  LegalGems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 1 month ago.

I am sorry to hear this; what is your legal question please?

Customer: replied 1 month ago.
They social worker says they can't force them into in house treatment, I guess my question is if the second place they sent them said outpatient , can they refuse to release the children back to the parents of the complete the outpatient care.
Customer: replied 1 month ago.
We are in Alabama
Expert:  LegalGems replied 1 month ago.

If the parents do not complete the outpatient treatment, and that is a condition of the department's treatment plan, then the department can refuse to release the children.

Please see:

(a) Court intervention is to be used when there is an immediate danger of physical or emotional harm to a child; the parents are unwilling or unable to provide for the child’s safety; the child is abandoned, left alone, or unsupervised; the child is left in situations where an imminent risk of serious harm exists; or there has been an out of home non-foster care safety plan in place for ninety days. (b) The Department must show immediate or threatened harm to a child when seeking protective custody and requesting summary removal. Summary removal is accepting care of a child pending a court hearing. (c) Parents should be made aware that court intervention is possible and may become necessary if child safety cannot be assured. They should also be informed of any decision for court referral unless danger to a child's welfare might be expected to result from such advance knowledge by parents. (d) Cases are brought to the attention of the court having juvenile jurisdiction by making a complaint to the intake officer alleging facts sufficient to establish the jurisdiction of the court, and facts which show the child to be dependent in accordance with the statutory definition of a "dependent child". (e) The parents, guardians, or custodians shall be informed of their right to be represented by counsel and, upon request, counsel shall be appointed when the parents are unable, for financial reasons, to retain their own. The court shall also appoint counsel for the child in dependency cases when there is an adverse interest between parent and child; or where the parent is an unmarried minor; or the parent is or has been married and is under the age of 18 years; or when counsel is otherwise required in the interests of justice. The Department will request that the child be represented by an attorney in every case where the Department is seeking custody.

660-5-34-.10 Decision About Providing Services. (1) At the conclusion of the CA/N assessment, a decision regarding a family’s need for ongoing protective services shall be made. This decision may be to discontinue DHR services as no protective services are needed, to provide ongoing casework services, to initiate court action, or to make a referral to another agency for services. The decision is to be made with the parents or primary caregivers participation to the extent feasible. In any event, the parents or primary caregivers are entitled to an explanation of the action taken and the reasons for the action. (2) The County Department must make reasonable efforts and offer all appropriate services to prevent removal of the child from the home unless that child is in immediate danger of harm or threatened harm.


So basically if the parents don't comply with the proposed plan the agency can petition the court and attempt to remove the children based on safety concerns.

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Thank you and take care.

Expert:  LegalGems replied 1 month ago.

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.

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