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I'm not sure what my rights are. DHS is trying to send my…

Hi, I'm not sure...

Hi, I'm not sure what my rights are. DHS is trying to send my daughter into foster care while I'm waiting for a hearing on a false criminal charge

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Oregon

Lawyer's Assistant: Have you talked to a lawyer yet?

No

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Customer reply replied 9 months ago
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Answered in 16 hours by:
9/23/2017
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,313
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 9 months ago
DHS is trying to have me make permanent decisions about where my daughter will live when I'm only under investigation. They are trying to certify the parents of one of my daughter's friends to foster her. I don't want my daughter living with them since they don't supervise their own children and my daughter gets into trouble with this friend. I want to know if I can sign a power of attorney to my friend who is willing to foster her and was already going to take her before any of this ever happened. My daughter was happy with that arrangement and was looking forward to it but now DHS is trying to tell me her friend's parents are the only option.
Customer reply replied 9 months ago
My question is will signing a power of attorney over to my friend keep my daughter from going into foster care?

Thank you for your reply. Sorry for the delay.

Once DHS is involved, it is no guarantee that if you sign power of attorney or a guardianship to one of your friends that the court will honor it. You are entitled to an attorney before they remove your child, so you should engage an attorney or ask the court to appoint one for you if you cannot afford one. Pursuant to the US Supreme Court holding in Troxel v. Granville, 530 U.S. 57 (2000), you have a civil right to decide for your children unless clear and convincing evidence proves you unfit. So, DHS is claiming you are unfit and you need to prove to the court you are not proven unfit by clear and convincing evidence and that you should be allowed to choose the temporary placement.

So you can fight DHS on this, but just signing a power of attorney will not do it, you need an attorney and must present your information to the court for the court to decide at this point and because this is a civil right you need an attorney and if you cannot afford one the court needs to appoint one for you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,313
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
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Customer reply replied 9 months ago
My daughter was suspended at school for fighting and didn't want the police to notify me. I'm a strict parent but she made it sound like abuse, therefore I was charged with a crime and I'm under investigation. DHS is claiming that I cannot assume a parenting role while I'm under investigation for this charge and that because of that they need a place for my daughter to stay until she can return home. If the charges are dropped in three weeks, what then? From what I understand, she'll be in foster care according to what DHS is saying. Will I have to go to court to get my daughter back? This all seems so extreme.

Thank you for your reply.

If the charges are dropped the child is supposed to be returned. If you prove the charges false the child must be returned. DHS has a habit of thinking they are above the law, so it may require you to go to court to fight with them if they do not want to return your child to you upon proof you did not do what they are claiming. While under investigation, if they believe that the child is in immediate danger, they can keep her from your care for the safety of the child.

Of course, again, if you go to court with an attorney and show the court there is no such danger and this has been fabricated, the judge can order the child returned even before the DA decides on the charges.

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Customer reply replied 9 months ago
I didn't know this. This is very helpful. Thank you.

Thank you and I wish you the best through these frustrating times.

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Customer reply replied 9 months ago
Thank you, ***** ***** extremely frustrating and confusing times. I just thought about it though and, actually, there is a no contact order in place, which is what is complicating things. My understanding is DHS would like to return my daughter but can't until my hearing next month. In the mean time, they don't know what to do with my daughter. I have several friends who have stepped up and are willing to let her stay with them but their schedules only allow for her to stay a few days at a time, so DHS doesn't like that. They are saying the solution is to put her in foster care, which I think is unnecessary. DHS says the protective action plans cannot go past 10 days so that's why foster care is the only option. If foster care is the only option, why must it be with parents I don't know over a friend I trust?
Customer reply replied 9 months ago
My daughter and I had already agreed to send her to live with this friend before she got into the fight at school and she seemed to be looking forward to it. I don't know how things escalated to the degree they have but I feel like DHS is just pressuring me with their incessant calls and that I have no rights as a parent. I have not been convicted of anything but they are trying to take her away. DHS isn't going to find anything, we are just waiting on this hearing.

Thank you for your reply.

You have a right to an attorney, so you need to get one. Dealing with DHS through an attorney is the best thing, because then they cannot pester you, they need to go through your attorney and they are less likely to bully you.

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Customer reply replied 9 months ago
Ok, thank you.

You are welcome

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