The lady who took my daughter wasn't DFS

This is a discussion on The lady who took my daughter wasn't DFS within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; I live in Missouri. In July my rights for my seven children were terminated. There was alot of wrong doing by the foster care case manager contracted by DFS. That ...

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  1. #1
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    The lady who took my daughter wasn't DFS

    I live in Missouri. In July my rights for my seven children were terminated. There was alot of wrong doing by the foster care case manager contracted by DFS. That decision is pending appeal. Monday I had a new baby. Wednesday we noticed it was taking a while for us to get our discharge papers. A social worker from the hospital came to my room and explained to me that there was a note in my file from my old foster care case manager, stating that a newborn crisis call should be made, and that she wanted them to call her before I was discharged from the hospital. They did make a call to DFS and I was quickly called back by the Childrens Division employee stating she was not taking any action at that time everything with my pregnancy, and baby was fine. She just wanted me to call her when I got home so they could check out the house. That is totally understandable. 5 minutes later the social worker came to my room with a court order stating that my baby was being taken into custody. A few minutes later my old foster care case manager came to take my baby from me. The request for removal was made by the old foster care case manager, who identified herself a current case manager contracted by DFS. She was escorted out with my baby by security. I called DFS, and talked to my real case worker and she informed me that they had not contracted the foster care case manager, and they did not request for my child to be removed. They told me since the judge signed the order there was nothing they could do at that moment, but things would be straitened out at court in two days. She then made an appointment to come view my house because she still had to finish her investigation so she could make a reccomendation when we went to court. We went to court and the judge even after DFS testified to everything I just named. She ordered my daughter be held in custody. She refused all objections by my lawyer. Im terrified. Can I press criminal charges. My home was approved, I passed urine drug scree and machonium drug screen, no allegations of abuse at all. My TPR was because of admitted drug use. I completed drug treatment and have had negative drug screens since July 2, 2010


  2. #2
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    You have no one to file criminal charges against. You should keep appealing the judge's ruling until a correct determination is made. For now the best thing you can do is to follow the course of action that the judge ordered and hopefully you can have your children returned to you. You may also wish to get a second opinion from other attorneys, not only the one you have hired.
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  3. #3
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    The foster care case manager was from my original case. The affidavit that she filled out requesting her emergency stated that she had been contracted by DFS. Removal was not contracted by DFS, because there recommendation was that my daughter not be removed. They still recommend she be sent home.The case manager from before who works with a private company not Children's Division. The Juvenile office is recommending immediate TPR with no case plan. They are stating that their efforts with my other seven children is enough. They also did not seek out any of my family members, who have all passed background checks, this action is mandated. So procedure hasn't been followed, the case manager bypassed dfs recruiting kids of her choice to put up for adoption, she perjured herself in the removal request by representing herself as a contracted employee of DFS, and still the fact remains that they did an emergency removal of my daughter with no grounds.

  4. #4
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    This is something you need to discuss with your lawyer, or another lawyer. This is a complicated matter and I am not sure anyone can provide any help on here that your lawyer will not be able to help you with. Your recourse is with and through the legal system. You can try to file complaints with respective agencies where the employees misrepresented themselves. But as far as your children go, you will need to get them back through the legal system with the help of a lawyer.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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