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I’m currently dealing with DSS. Six months ago, my friend…

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Hi, I’m currently dealing...

Hi, I’m currently dealing with DSS. Six months ago, my friend gave birth to a baby who tested positive for meth and THC. The child was placed in my home. I passed all the background checks and the home study. In the last two weeks, I’ve retained a lawyer and we (the biomom and I) and we’re proceeding with her signing over her parental rights to me. Now, the current caseworker is demanding that I take a drug test (costs around $500). The caseworker has been made aware of the private action suit, yet is still involved and threatening to remove the baby from my care if I do not comply. Mind you, this same caseworker told me last month that if I did open a private case, hers would be closed. As of today, she’s saying that she never said that. The baby is happy, healthy, and thriving. Her Dr. will attest to that. I’m just at a complete loss of what to do. My lawyer is great, but has had limited experience with DSS. I’m terrified that they will either remove my child from her home, or show up at the hearing and fight me. I’ve never been in any situation like this before. I’m not sure if you can help me, but I’ll take any advise at this point. Thank you.

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

South Carolina

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

Yes. Like I said, her experience with DSS is very limited.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, that’s about it.

Submitted: 7 months ago.Category: Family Law
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Answered in 2 hours by:
12/5/2017
Family Lawyer: Bruce Schreiber, Family Law Attorney replied 7 months ago
Bruce Schreiber
Bruce Schreiber, Family Law Attorney
Category: Family Law
Satisfied Customers: 767
Experience: Attorney At Law at SELF
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

I am a Certified Child Welfare Law Specialist.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 7 months ago

If DSS placed the child with you, they have the right to remove him/her. If you have opened a private case for TPR, your lawyer should file an Emergency Motion in that case detailing the DSS threats and demands and seek the protection of the Court in that case.

It is fairly routine in CPS matters for a drug test to be requested, but you should not have to pay for it. If you are refusing the drug test for other reasons, that will raise a red flag.

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Family Lawyer: Bruce Schreiber, Family Law Attorney replied 7 months ago

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