PDA

View Full Version : Do you have let DCFS in?



sillydragongurl
Oct 7, 2008, 03:59 PM
If you had a voluntary case for 2 years and just recently closed and no abuse or neglect was found, and another report was opened Is it wrong not to let them in your home when they come?

twinkiedooter
Oct 7, 2008, 04:07 PM
Yes, it is wrong. They can and will go and get the police and they can and will tear your door down if you don't let them in. Even if there are no found allegations, it's their job to check and make sure that everything is okay. Do not deny them access to your home as they can and will bring back the cops or call them from their cell phone while standing in your front yard. And for good measure they could take your kids away for not letting them in.

stinawords
Oct 7, 2008, 04:07 PM
Basically, yes it is wrong. You can deny access to your home to anyone but it won't help your case any and they can always come back with a warrant if they feel the need one to gain enterence. If you don't have anything to hide then what is the problem?

twinkiedooter
Oct 7, 2008, 04:41 PM
My son wants me to add this quote of his "They're not called Home Wreckers for nothin". In Florida they were HRS hence the home wreckers nickname.

Fr_Chuck
Oct 7, 2008, 04:51 PM
I will disagree, I would never, ever ever let CPS into my home unless they have a warrant, they can not just go get the police, you tell the police to get the heck off your property also.

You get your attorney on the phone with them at the door, and see what he says, perhaps he will want to arrange the meeting at his office, or only with him present.

I have threatened CPS to get off my properly personally in the past, and when they came back with a police officer I laughed at him also and told him to get off my property.
Which he did, since he never had a warrant.

In my case, I caught a 16 year old doing damage to my house, and held him for the police, so CPS said that I "hurt a child" what a laugh, ** they were not laughing after the law suit**
But they then wanted to investigate my home.
Not in my life time.

So for me, if there is a possible issue, have an attorney on speed dial, and never let them in without his OK or if they have a warrant.

sillydragongurl
Oct 7, 2008, 09:37 PM
I will disagree, I would never, ever ever let CPS into my home unless they have a warrant, they can not just go get the police, you tell the police to get the heck off of your property also.

You get your attorney on the phone with them at the door, and see what he says, perhaps he will want to arrange the meeting at his office, or only with him present.

I have threatened CPS to get off of my properly personally in the past, and when they came back with a police officer I laughed at him also and told him to get off my property.
Which he did, since he never had a warrant.

In my case, I caught a 16 year old doing damage to my house, and held him for the police, so CPS said that I "hurt a child" what a laugh, ** they were not laughing after the law suit**
But they then wanted to investigate my home.
Not in my life time.

So for me, if there is a possible issue, have an attorney on speed dial, and never let them in without his ok or if they have a warrant.


Well here is my situation I have a 12 yr old son who might have ADD and I wont know till I get the Evaluation which it is in progress. The teacher called because she didnt have his therapist to talk to about him nor was the school counselor around so she had no other option but to report nothing she told me she called and feels bad and regreats it because she now sees the trouble he causes and also hes stolen from the school and other people plus in his own home. He lies in your face and he talks and goes to strangers house when he attempts to run away. I've called the cops when he runs away but they cant do nothing but bring him back. I had him in sports but that didnt help any hed get bored and wonder off and do something stupid and lie to me about it I guess I was trying to give him a little space to feel independant we live right across the street from the park he goes to. This kid just has a lot of issues and when situations get out of his control he runs away from it instead of facing it. That was also how the cps got called cuz he ran away but still went to school the next day and when I called the school to ask if they had seen him they agreed he was there and that got the teacher concerned so she did what she had to do. The cps did come the same day and i didnt let them step foot in the door I did research and it too says not to let them in because if you do your giving up your rights. I dont have anything to hide but at the same time I know my rights as well they can go talk to the other worker I had and ask her anything they want. they dont have any proof on their allegations other then the teacher is worried about his behavior that doesnt say he was abused or neglected. a couple days later i received a letter from the cps worker that came and asked for my number to discuss this allegation. now should I call back or call the lawyer?

stinawords
Oct 8, 2008, 07:14 AM
Ok, in that situation I would call your lawyer. He/She will tell you how likely it is that anything will come of these alligations. When will your son be evaluated?

sillydragongurl
Oct 8, 2008, 02:10 PM
Ok, in that situation I would go ahead and call your lawyer. He/She will tell you how likely it is that anything will come of these alligations. When will your son be evaluated?

I spoke with the therapist this morning and he said he was going to do a follow up with the phychiatrist to see when she will be seeing him and he'd let me know tomorrow hopefully..

liz28
Oct 8, 2008, 09:29 PM
I agree with Fr.chuck. When this happen to me I didn't let them in. My ex-friend called cps on me with false claims. In the end I sued my ex-friend and a police report. I won both and later I filed a sue against cps and won. Get a lawyer.

JudyKayTee
Oct 9, 2008, 06:17 AM
I agree with Fr.chuck. When this happen to me I didn't let them in. My ex-friend called cps on me with false claims. In the end I sued my ex-friend and a police report. I won both and later I filed a sue aganist cps and won. Get a lawyer.



Could you elaborate a little on this? I thought you couldn't claim and collect against CPS unless they acted with malice. If they get false info or don't investigate thoroughly, that's not actionable. Same with the Police - I thought it had to be outrageous conduct and deliberate malice.

liz28
Oct 9, 2008, 06:32 AM
Could you elaborate a little on this? I thought you couldn't claim and collect against CPS unless they acted with malice. If they get false info or don't investigate thoroughly, that's not actionable. Same with the Police - I thought it had to be outrageous conduct and deliberate malice.

I not disclosing personal info on my closed case because it is personal. I just posted what happen to me and if they didn't act malice I wouldn't have won my case. It too much to detail and it's personal.I don't know what your talking about with the police because I never filed any lawsuits against any police.

JudyKayTee
Oct 9, 2008, 07:31 AM
I not disclosing personal info on my closed case because it is personal. I just posted what happen to me and if they didn't act malice I wouldn't have won my case. It too much to detail and it's personal.I don't know what your talking about with the police because I never filed any lawsuits against any police.



In the end I sued my ex-friend and a police report. I won both and later I filed a sue against cps and won

That's what I was answering.

Here is my specific problem - I've addressed it before and a moderator has addressed it before. You post "law" with absolutely no factual back up; "decisions" and "outcomes" which fly in the face of the Law; decisions in other Countries on other subjects; "facts" (specifically the number of strippers murdered in NY in the '90's). You post whole sections which you obviously haven't written without giving the source and post references to "blanks" (sites which won't load).

When asked for details in an attempt to determine the circumstances, get the appropriate background, see if the info is on point, see if it would be helpful to anyone, you turn defensive and refuse to answer, stating the info is personal, you are distracted, your source hasn't gotten back to you, you are being stalked, I should "do the research it {my}self."

When I personally ask a question you complain I'm stalking you. Your personal attacks have had to be edited out. I've had to block your PM's.

This is a law board - not a discussion board. I am not personally attacking you. If you make a statement here, you have to be prepared to back it up with facts. People are asking truly life altering questions and misinformation and half information help no one, nor does anyone learn from those postings.

ScottGem
Oct 9, 2008, 07:42 AM
I just want to clarify one point here. Some children's services agencies have quasi police powers. If they have sufficient probable cause, they can act or enlist poice aid without a warrant.

That being said, I agree that one should bar entry and contact your legal representation while you keep them waiting.

sillydragongurl
Oct 13, 2008, 01:23 AM
I just want to clarify one point here. Some children's services agencies have quasi police powers. If they have sufficient probable cause, they can act or enlist poice aid without a warrant.

That being said, I agree that one should bar entry and contact your legal representation while you keep them waiting.

I just wanted to thank you all for your advice and or suggestions. It did help

JudyKayTee
Oct 13, 2008, 08:43 AM
I just wanted to thank you all for your advice and or suggestions. It did help


Thanks for coming back with the update - it is always gratifying to know that all advice, good, bad, indifferent, was read and digested.

eighmie
Jun 11, 2011, 12:34 PM
If they enter your home after you demand a warrant, their conduct is deliberate malice. It is not a crime to exercise your 4th amendment right to freedom from unreasonable search an seizure