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is it ture that a children aid worker cant take the child out of ur care unless they have an court oder to do so

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Asked by Anonymous at 10:06 AM on Jun. 25, 2008 in Babies (0-12 months)

Answers (3)
  • Nope, that is not true. A social worker comes to your home after an investigation begins from either the child or someone else reporting the family to the Department of Children and Families. Usually, a social worker sets up an appointment with the family, where the child has to be brought in to be interviewed (this is usually a group with the social worker, a medical doctor, and a police officer), and parents have to wait outside the room. The social worker will also come and visit the home where the child resides, and if the social worker does not agree with the environment that the child is in/does not feel that they are safe, they can take the child with them into protective custody. The child would then be sheltered with another family member, or would stay in state care until the court date, which is usually within the week. You would be assigned a lawyer from the state to represent you, and a judge would determine the outcome of the case.

    Answer by LizJones15 at 10:18 AM on Jun. 25, 2008

  • no, that's not true. All they need is a good reason and written documentation.

    Answer by Anonymous at 10:46 AM on Jun. 25, 2008

  • You do NOT have to let a social worker into your home unless they have a court order or warrant to do so. If you let them in WITHOUT an warrant or court order then you are waiving your 4th admonishment right to BE free of searches and seizures, thus the children can be taken.

    A warrant to come in requires probable cause which does not include some random tip... Also federal law allows you the RIGHT to know what the allegations are BEFORE they talk to the children.

    Answer by SAHMinIL at 11:16 AM on Jun. 25, 2008

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