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Questions about Child Welfare Laws

Child welfare systems offer a variety of services from investigating reports of child abuse to finding children safer homes to stay in, from helping in adoption processes to assisting parents who need help in caring for their children. Listed below are a few questions Experts have answered about child welfare.

My sister and brother-in-law are having some issues at home. My sister has a drinking problem. They have three kids, the youngest of whom is not her husband’s son. I’d like to get custody of the children for a while so I can keep them safe. Can you please give me some information on this so I know where to begin?

To take away parental rights and get custody of children against parents’ wishes is not easy. You would need to prove the parents are not fit to look after their children currently. This would require the services of an attorney and proof of abuse. What you could do for a start is to discuss the situation with the parents and ask them if the children could stay with you for a short period of time. If they are still hesitant, suggesting a limited duration of stay could help your case.

If a Native American has a child with another person outside of marriage and is suing for custody of the child, can the Indian Child Welfare Act be used in State Family Court?

Most likely. The Indian Child Welfare Act was created to apply to any Native American child. However, only the court can decide if it will be applied or not in this case, based on the details of the case.

I am a fit and capable mother but my ex-boyfriend is making child welfare allegations against me. He likes to be controlling and intimidating and I feel uncomfortable now. I do not want our daughter to be misled and to be fed lies about me. How can I stop this?

You could hire an attorney to send your ex-boyfriend a demand in writing that he cease and desist making false allegations or you will sue him for defamation.

There are four aspects to defamation:
1. A false statement of fact about another;
2. An unprivileged publication of that statement to a third party;
3. Some degree of fault, depending on the type of case; and
4. Some harm or damage.

Defamation by written, printed, or otherwise published word is libel. Defamation by spoken word is slander.

I want to know whether child welfare services are allowed by the law to force entry into a home with the help of the police and take away children without a warrant?

There are exceptions to how warrants are used. For instance, if the police suspect that a child or another person is in danger inside a house, they can force entry without a warrant. So, if child welfare services believe there are children inside a home who are in danger, they can get help and take them away.

About 16 or 17 years ago, I was involved in a child welfare case. I finished the classes, did everything I was told to and got my children back. Now my son’s children are in state custody and I was told I can’t take custody because of my past case history. My husband and I have a good reputation and neither of us have a criminal record. What can I do to help bring my grandkids back together?

To begin with, you would need to hire an attorney to prove to the court that all your past violations have been cured and you have had no complaints against you all these years. The Child Protection agencies are extremely strict about individuals who have past violation cases. So, unless a court issues you an order, most likely they will not let you have custody.

It is important for every child to be brought up with love and care and to have the opportunity to live a happy childhood. To help make this happen, child welfare systems implement a variety of services that help support children’s safety and wellbeing. If you are faced with a problem regarding child welfare get legal insights by asking Experts.
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