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DHS Rules and Regulations

Many individuals being involved in situations with DHS have had doubts in how to handle the situations. Having uneasiness about the realm in which DHS can keep them from their children or even how to perhaps fight against DHS often lead to questions like the ones answered below.

What kind of action can I take against DHS in PA?

Any state agencies can be sued. The DHS agency has a commissioner who reports to a board. You can also contact the governor of you state. Government agencies can also be picketed or you can bring your issue to the newspaper and try to get heard that way. Going above and beyond the scope of just dealing with the DHS agency will give you that much more ammunition and at least your side can be heard and perhaps sway those into seeing things your way.

My cousin’s children are in DHS custody. My cousin is in jail. I filled out the paper work to get them but I was denied because of my age. My mother was denied because of her history with DHS. Are there any ways for me and my family to get custody of the children?

DHS regulations require an applicant to be at least 21 years old and prove that they can support and care for the children. Individuals that have prior DHS issues will not be allowed to get the children. You would need to go to Family Court and file a petition for custody. The court will make a determination based on the best interest of the children. If the court finds that living with you is in their best interest then you will be granted custody. DHS would try or need to try to convince the judge that it would not be in the best interest of the children to live with you. Going through the Family Court allows for the judge to make the decision versus the caseworker from DHS.

If an individual has never been taken to court and charges never filed against them, can DHS close a case against someone whom they've found no evidence against and label them a Pedophile, denying them the right to be with their own children?

DHS cannot label someone a pedophile just because they want to with no conviction. It is unlawful for DHS to label a person as a sex offender without this person being formally charged and convicted of the charges. Due process is your right.

I live in Mississippi as do my children. I was told by my DHS case worker that it is illegal for me to cohabitate with my fiancé if I want custody of my children from a previous marriage. Is this true?

An unknown fact to most people is that there are still a few states that consider cohabitation of unmarried individuals to be a criminal action. The state of Mississippi is one of those few states that still have this law. Any unmarried couples living together in Mississippi are in fact committing an illegal act and in essence could be prosecuted. DHS denying you based on your cohabitation did so in a legal realm.

When DHS files a petition to the court to take your child away and the court approves it. Can DHS take my child without showing me any type of proof?

DHS does have every right to show up and remove your child if they lawfully were granted permission from the court from the action they filed. If you require proof of the court decision it is public information. Therefore you can go to the court and as for the court order.

Having information and insight of DHS regulations can help when you or someone you know is dealing with situations that involve DHS. Experts can help answer questions about specific DHS regulations or help you understand the process in which DHS can remove children from someone’s care. Get the answers fast and affordably by asking an Expert online.
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