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Is it just me, or is DHS above the law?

Anonymous
Posted by Anonymous
  • 18 Replies

Our friends have been adoptive and foster parents for years. They just adopted their 6th child a year ago, the first adoption was almost 30 years ago. They have been foster parents of medically fragile emergency placement infants for about 5 years. The child they adopted was their foster child since he was 5 days old. He was a meth baby so he has serious medical problems including the need to be tube fed. They have done so well with him that he is functioning at a level he was never supposed to be able to achieve.

Anyway. A few months ago, he was super super sick, so his doctor since birth sent them to another hospital that could give him better care. The doctors there blamed the adoptive mother for all his illness and started filming all his interactions with his parents while in the hospital. DHS then removed him from their home and put him in a foster home in a different county from where they live. They took the other 2 siblings and put them in a foster home in their own county.

Very long story short, they got custody of their other 2 kids but the mom cannot be with them unless they are being supervised in their home by a dhs worker or volunteer. The parents have not been charged with anything and everyone including the judge says the kids should all be back home, end of story. DHS decided the boy can come back home but the mom now has to leave and cannot return to the home at all. She cannot see the boy at all except for DHS supervised visits. The other kids can see her whenever as long as they have a DHS approved friend or family member present. And the Dad is not allowed to be alone with the kids during meals or at bedtime, he has to be supervised at those times. 

There have not been any charges filed, the are accusing the mom of giving the child some of her own anti-nausea medicine in his g-tube, and of causing him to mentally have eating problems. Nothing has been proven, and in my opinion, and the opinion of many other people, DHS is bullying this family. I don't understand. Is DHS above the law? What happened to due process? This family is so near and dear to my heart, the mom was there when I was born, they have been second parents to me my whole life. I KNOW they have not done anything to their children. I would trust them with my own children's lives without question. I just hurt so bad for them and wish I knew what I could do.

Posted by Anonymous on Jul. 2, 2013 at 2:44 AM
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Replies (1-10):
Anonymous
by Anonymous 1 - Original Poster on Jul. 3, 2013 at 1:42 AM

BUMP!

KeriAZ
by on Jul. 3, 2013 at 1:48 AM
Seek legal advice. There was a couple in the news lately who had their baby forcefully taken from them cause they left one ER to go to another for a second opinion. They got the kid back a few days later but dhs was watching them. I believed they sued.
2metalbabies
by Gold Member on Jul. 3, 2013 at 1:50 AM
1 mom liked this
Dhs does this kind of thing all the time. Especially if they feel that the parents got too upset, acted unreasonable, or cooperated too much in their opinion. They are desperate for funding and are far too quick to remove children than actually listen to anyone, because the more children they have in foster care or their custody, the more funding they get.
Anonymous
by Anonymous 2 on Jul. 3, 2013 at 1:55 AM
You said they were filming her? Sounds like they must have caught her doing something. They may not have enough evidence to hold up in court so no formal charges but it sounds like they saw her do something. Sometimes people you really trust are the ones that will surprise you the most
sheramom4
by Emerald Member on Jul. 3, 2013 at 1:57 AM

Unfortunately, in dependency court there is no need for proof beyond a reasonable doubt or even a preponderance of the evidence. It is ALL based on assumptions, feelings, statements from professionals (who a lot of times are going by their own assumptions and feelings) and the wishes of the social worker. There are no jury trials without criminal charges as well. They can file to terminate parental rights at any time without any cause other than "best interest of the child" which is all based on opinions anyway. 

I am a volunteer CASA. I love the work I do but having the responsibility of what is best for a child or children without any proof (99% of the time) that there is anything going on is hard. We have to nitpick every aspect of the parents' lives and about 50% of the time the removal was wrong in the first place, but everything is snowballing ahead. 

It sounds like they need a good lawyer, a GAL or CASA and a different judge and social worker. They also need a complete copy of all medical records from birth for this child and their other children. I am assuming they are trying to claim Manchusen (sp?) which is virtually impossible to prove and is one of the "popular" accusations. 

Anonymous
by Anonymous 1 - Original Poster on Jul. 3, 2013 at 1:52 PM

They said they felt she was being manipulative to her husband or something like that. It's really a bunch of crap. I know this woman like my own mother. I KNOW she did nothing so horrible that she should be treated this way. 

Quoting Anonymous:

You said they were filming her? Sounds like they must have caught her doing something. They may not have enough evidence to hold up in court so no formal charges but it sounds like they saw her do something. Sometimes people you really trust are the ones that will surprise you the most


Anonymous
by Anonymous 1 - Original Poster on Jul. 3, 2013 at 1:58 PM

Yes! That is exactly what they are trying to say, that she has Munchhausen's. They have a crappy lawyer in my opinion. They had a different lawyer who took their money and did nothing for them, didn't file paperwork on time or anything. They have a CASA worker and who knows how many social workers. It seems that everyone on their case just kind of sits there and lets them be attacked over and over and over again and does nothing for them. They are bending over backward to cooperate but they just keep getting treated like criminals. I was on a conference call for their last meeting with DHS and I couldn't believe how ridiculous the whole thing was. 

This family has given their lives to working for children. They have lost so much because of it. It angers me so much that the system they have sacrificed so much to support has turned on them this way.

Quoting sheramom4:

Unfortunately, in dependency court there is no need for proof beyond a reasonable doubt or even a preponderance of the evidence. It is ALL based on assumptions, feelings, statements from professionals (who a lot of times are going by their own assumptions and feelings) and the wishes of the social worker. There are no jury trials without criminal charges as well. They can file to terminate parental rights at any time without any cause other than "best interest of the child" which is all based on opinions anyway. 

I am a volunteer CASA. I love the work I do but having the responsibility of what is best for a child or children without any proof (99% of the time) that there is anything going on is hard. We have to nitpick every aspect of the parents' lives and about 50% of the time the removal was wrong in the first place, but everything is snowballing ahead. 

It sounds like they need a good lawyer, a GAL or CASA and a different judge and social worker. They also need a complete copy of all medical records from birth for this child and their other children. I am assuming they are trying to claim Manchusen (sp?) which is virtually impossible to prove and is one of the "popular" accusations. 


cutebaby06
by Ruby Member on Jul. 3, 2013 at 2:01 PM

Huh? This doesn't make any sense to me.


Quoting 2metalbabies:

Dhs does this kind of thing all the time. Especially if they feel that the parents got too upset, acted unreasonable, or cooperated too much in their opinion. They are desperate for funding and are far too quick to remove children than actually listen to anyone, because the more children they have in foster care or their custody, the more funding they get.



Anonymous
by Anonymous 3 on Jul. 3, 2013 at 2:04 PM
This is typical of DHS. I just finished a year-long fight for my kids. They need a lawyer, pronto. And no DHS will not follow the law, they want to break up the families, and don't care if they hurt the kids in the process.
2metalbabies
by Gold Member on Jul. 3, 2013 at 5:04 PM
If Dhs feels that the parents get too upset that they are being investigated, that means that they are hiding something. The same goes if Dhs feels that the parents are acting unreasonable or if Dhs feels that the parents are acting too cooperative. To some investigators, it seems as if the patents are acting in certain ways, there is something the parents are hiding.
Because of the sequester, Dhs is desperate for funding. Their funding comes from children that have been removed and are placed in foster care or in custody of Dhs (meaning wards of the state). The more children that are removed from parental care, the more funding for Dhs. Which is why Dhs has been so quick to remove children from their parents. The more children who need assistance, the more money they get.
Does that make more sense?


Quoting cutebaby06:

Huh? This doesn't make any sense to me.



Quoting 2metalbabies:

Dhs does this kind of thing all the time. Especially if they feel that the parents got too upset, acted unreasonable, or cooperated too much in their opinion. They are desperate for funding and are far too quick to remove children than actually listen to anyone, because the more children they have in foster care or their custody, the more funding they get.





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