State unjusted child removal

Previous | Next
 rated by 0 users
Latest post 10-11-2009 2:26 PM by familyfirst1968. 4 replies.
  • 06-18-2009 12:20 PM

    State unjusted child removal

    I like to know what legal steps that can be taken after a state removal of children from a home in Nov 06 that was unjust and children was returned in June of 07 and case was stopped in middle of trail in Sept of 08 and case closed in March of 09 with no charges being filed and no testimony was takening from parents at all.

  • 06-18-2009 4:02 PM In reply to

    Re: State unjusted child removal

    Nothing.

    The state is allowed to take the children if the states sees even a whiff of a remote possibility of danger to them and put them back when the state decides that there is no longer that possibility of danger to them.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-18-2009 6:08 PM In reply to

    Re: State unjusted child removal

    Almost certainly nothing

  • 07-03-2009 1:10 PM In reply to

    Re: State unjusted child removal

    Your message is a little unclear. If by no charges you mean no criminal charges, that’s one thing, but if you mean no petition in Family Court was filed charging the parents with abuse or neglect, that’s another story.

     

    Children may be removed without a court order and even without a neglect petition. However, a petition must normally be filed in Family Court within three days of removal.

     

    Since your trial apparently occurred months after the removal, the question is whether it was a pre-petition hearing or not. If CPS didn’t file a petition for many months, you might have a case against CPS. But if a petition was filed, then odds are you have no remedies at all.

     

    If a petition was filed and the case was withdrawn mid trial, then there is nothing out of the ordinary by the lack of testimony from the parents.

    J. Douglas Barics

    www.jdbar.com

     

  • 10-11-2009 2:26 PM In reply to

    Re: State unjusted child removal

    You are unclear about what you wish to accomplish here. The children were out of the home for 7 months which may indicated there was a just concern for the children. More information is needed here.

    »-(¯`v´¯)-» Kimberly »-(¯`v´¯)-»

Page 1 of 1 (5 items) | RSS

My Community

Community Membership New Users:

Terms & Conditions   Privacy   Copyright © 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.