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New Member
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Sep 9, 2010, 07:31 PM
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False allegations of neglect-investigated by DCFS
My husband (common-law) and I are being investigated by DCFS based on allegations made by his parents that we are neglecting our two year old son because we are in between homes and have been in hotels for nearly three weeks. They also allege that both Mike and I are mentally ill, which is ludicrous. They told me that I had to sign a safety plan allowing my son to stay with his parents for ONE NIGHT. The next day we were supposed to meet with a worker to get some assistance. We are not without finances, my husband collects unemployment. His parents allowed him to stay with them and our son, but I have been sitting in a hotel for over five days now, and his parents refuse to allow me to see or speak with my son and as of today, they have threatened to remove Mike if he speaks to me. His mother has refused to even let me call the house. Yesterday we met with the investigator, who said that the goal was to get Mike and I resources so the three of us can be together, but we both needed to get a psych eval and that takes weeks! I said that I didn't want my son staying in that house as Mike's sister is a heroine addict who goes to a methadone clinic, and doesn't even have custody of her own children-so I suggested a friend could keep the baby and he said that the friend idea was a good one and could be ready to go for Friday. Then today he tells me it will have to wait until next week as he is all backed up in his cases. On top of that, he said that he would inform the grandparents that they have to let me see the baby because I have a right to visitation, but nothing has changed. Additionally, he now tells me I should just sit tight and wait. Neither one of us have done anything wrong-we just couldn't find a place as easily as everyone else as he is unemployed. Now his mother is telling me I will never see my son again. I cannot handle this emotionally, and I am falling apart. Please someone help me, I am dying inside, please.
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Family Law Expert
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Sep 9, 2010, 08:27 PM
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 Originally Posted by dyinginside
They told me that I had to sign a safety plan allowing my son to stay with his parents for ONE NIGHT.
It was your biggest mistake.They may tell you to kill yourself,too.
Never sign and/or agree with DCFS.You voluntary gave the child and you agreed that there was a problem.
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Computer Expert and Renaissance Man
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Sep 10, 2010, 04:07 AM
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Don't believe anything your in-laws tell you. They can't enforce it. You are the child's mother and as long as it can't be proven that you are unfit. The child will be returned to you.
Unfortunately you will have to deal with the bureaucracy of DCFS until then. Get a letter from your case worker that states you are entitled to visitation. Show up at their house to see the baby. If they refuse to let you, call the police, show them the letter from DCFS and ask them to force her to let you see the baby. Even if the police won't do that, make sure they file a police report that the M-I-L refuses to allow you your rights.
You and your husband NEED to get your life together. He needs to get a job, any job so you can get a place to live. You may need to get one also. Keep hammering at your case worker.
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Family Law Expert
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Sep 10, 2010, 06:29 AM
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 Originally Posted by ScottGem
Don't beleive anything your in-laws tell you. They can't enforce it. You are the child's mother and as long as it can't be proven that you are unfit. the child will be returned to you.
I do not think so... She admitted she VOLUNTARY was guilty
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New Member
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Sep 10, 2010, 07:41 AM
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I never admitted that I was guilty of anything-all that the paper said was that there were allegations of neglect for homelessness and that the case needed to be further investigated. It also stated that the term was to be no longer than 5 days, specifically 1-5 days. My caseworker keeps telling me that I have visitation rights and that they will remove the child if his parents won't allow me to see the baby, but then he tells me I have to wait until next week to get the child to a different home.
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Family Law Expert
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Sep 12, 2010, 10:32 AM
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Ooops-you do not know how the SYSTEM works.
 Originally Posted by dyinginside
I never admitted that I was guilty of anything-all that the paper said was that there were allegations of neglect for homelessness and that the case needed to be further investigated. .
You signed those plan,didn't you?
 Originally Posted by dyinginside
They told me that I had to sign a safety plan
Your sign means:
1. You admitted the child was in danger in your care.
2. You gave DCFS a case.
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Expert
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Sep 12, 2010, 10:53 AM
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Yes, you should have denied any and everything, and told them there is no problem, they had no proof, and could have done nothing.
They do't even have the authority to "force" their way into your home had you not allowed it.
Living in motels is not against any law or rule, even living in a shelter.
Basily telling them to >>>> off and slamming the door in their face would have been the first thing to do, n ot signing any plan.
You are in a mess now, get with local legal aid, you need an attoreny or you may lose custody of your child to the state
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Family Law Expert
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Sep 12, 2010, 10:56 AM
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 Originally Posted by Fr_Chuck
telling them to >>>> off and slamming the door in their face would have been the first thing to do,not signing any plan.
Love it!:)
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