How can dhs take my kids

If you believe a child even an unborn child is at risk of being abused or neglected, or there is a real risk of this, you can:. If you believe that the safety of your children is threatened by a family member you can get a family violence intervention order. These facts sheets have information for parents and primary carer who are involved in in the child protection system:.

Being investigated by the Department of Human Services. Information for young people about child abuse and neglect. Going to court for a child protection case. Find out how you can get help with your child protection matter. It is not what we would all wish for our children. You see, ideal and adequate are worlds away, and one of them is a culturally propagated myth that no parent, that includes you and me, lives up to. That is a lesson the public, parents, police and CPS workers all need to take to heart.

Try it. Child removal law, policy, and execution are there to provide for the best possible protection of children when the parent cannot or will not. But it cannot become the standard answer to every questionable situation or expected to prevent every instance of child harm. No law can do that, even one this powerful. I might not like it. Next, a woman who says that Child Protective Services saved her life:. Both my parents were physically abusive, and my father was sexually abusive as well I later found out he also sexually abused my older half-sister, who moved away when I was two.

The first time I made an outcry to an adult about my abuse, I was 4. CPS was called, they made a visit, nothing happened. Over the next several years, CPS was called several more times: a doctor who noted that a pelvic infection in an 8-year-old was not right; a teacher who observed bruises and erratic behavior.

When I was 14, I called them myself because my father choked me until I passed out and I was frightened he would kill me.

Sometimes they sent someone to look into it, sometimes not. I only found out about the other calls when I got to look at my file later on. Between ages 4 and 15, there were a total of 5 calls made to CPS on my behalf. Nothing was ever done. That's 10 years of my life.

Do you know what 10 years looks like to a child who doesn't know when or why she will be beaten next, just that it will likely be soon? To a child who, night after night, dreads her bedroom door opening? I could have, maybe foster care is no picnic either been safe all that time, if there really was the problem of over-aggressive CPS response that you describe.

You know how I got out? A teacher helped me run away to a youth shelter. I had a great deal more support than the average child in foster care. Eventually, the state terminated my parent's custodial rights. And here I am, alive, so many years later, with a family of my own. Was everyone I encountered in CPS awesome? But as a whole, they saved my life. I don't agree with what was done to Debra Harrell or the many other parents who have had CPS act in an unwarranted fashion. As a mother I can sympathize.

As someone who seeks to end discrimination and racism, I am appalled. But as someone who grew up facing horrors that a little more action on the part of CPS or, anyone else, for that matter could have prevented, I can face the relatively unlikely possibility that one day I might be investigated needlessly for the sake of the many kids out there who need help.

All I am trying to say is I would appreciate a little more attention to the root cause of the segment of CPS investigations that are overzealous, instead of making it seem as if they are the Big Brother on the shoulder of every parent in the country.

I feel I should add, after all of that, that I do greatly appreciate the increased attention The Atlantic has been directing at these issues, and I have shared at least one of your articles with the foster care groups I belong to. Skip to content Site Navigation The Atlantic. Popular Latest. The Atlantic Crossword. Sign In Subscribe. It seems there is always some sort of story in the media regarding one form of child abuse or neglect or another. These stories always hit home for me.

Your series on over-aggressive CPS responses continues to intrigue me, even if it also makes me concerned that you are feeding into a wildly popular and, I feel, inaccurate narrative that non-abusive parents ought to be paranoid about being investigated. NOTE: Maine law, effective July 29, , allows the courts to terminate the parental rights of a parent who committed a criminal sexual assault that resulted in pregnancy and the birth of a child.

This Petition asks the court to end any rights you have as the parent of your child. You have an absolute right to a hearing on the Termination Petition. At this hearing, DHHS must prove that you are unable or unwilling to parent your child.

DHHS must also prove that it is in the best interests of your child to end your parental rights. DHHS must prove these points with "clear and convincing evidence"—a very high standard of proof. The Court will consider:. If the court agrees that you have not taken the necessary steps to provide a safe home for your child, the court may terminate your rights. The judge must also consider your child's age and attachments to other people, as well as your child's physical or emotional needs.

You may testify and present evidence and witnesses. Your lawyer may question the DHHS witnesses. The GAL will be at the hearing, will submit a report with their recommendations, and may testify.

You can agree to a termination of parental rights if you think that is in the best interests of your child. If the Court terminates your parental rights after a hearing, you have the right to appeal this decision to the Maine Supreme Judicial Court. This Court will decide whether the trial judge followed the law when they ended your parental rights. The Court will base its review of your case on what happened in the trial court.

You will not have a new trial. If you have a court-appointed lawyer and you decide to appeal, this lawyer will continue to represent you. If your parental rights are terminated, you will not have the right to visit your child or be involved in your child's life. All information about your case is closed to the public, including when you are in court.

DHHS and court workers must follow rules that prohibit them from disclosing anything about your case. Also, you should not share any private records. The GAL must also respect privacy rules. But be aware that the GAL does have access to all records about your children and you, including your mental health records. If you need to protect your child from the child's other parent and you are willing to live separately from the other parent, talk to your lawyer about getting a "parental rights and responsibilities order" from the court.

The court may issue this type of order while the DHHS child protection case is pending, if it will protect the child and is in the child's best interest. If the court believes that this is in the children's best interests, yes. Through the GAL, a child may ask the court to order visits with their siblings. Also, DHHS must work with prospective adoptive parents to arrange sibling visits for an adopted child, when DHHS believes that visits would be in the child's best interests.

The Children's Ombudsman Program link is external DHHS must offer you services to help you address the problems in your home. If you cooperate, DHHS must try to help you reach the goal of returning your child to your home. Guide to Legal Help. What happens if DHHS decides that there is a problem in my household that is harming my kids? They may not tell you before doing this.

Talk with parents and give them a chance to ask questions and give information. You can politely refuse to talk to the caseworker until you have talked with a lawyer. Contact professionals in the local community who have information about your child, even if you don't talk to the caseworker.

DHHS will send parents a letter telling them the decision. DHHS decides that the child has been abused or neglected, but the risk of harm is not high.

The letter must also include information for parents on how to ask for a review of that decision. The caseworker may continue limited involvement with a family or refer a family for community services. DHHS decides that the child has been abused or neglected, putting the child at risk of harm. The letter must also include information for parents on how they can ask for a review of that decision. This includes allowing DHHS to remove your child from your home and place them: with a relative in a treatment center, or in a licensed foster home Your child will be cared for until the judge or DHHS decides that the problem in your home has been resolved and your child can go home.

Your right to a lawyer Each parent has the right to be represented by a lawyer. Guardian ad Litem appointed to represent your child If the Court enters a PPO removing your child from your care, the judge will appoint a guardian ad litem GAL to represent your child's best interests.

At this hearing, DHHS must prove that it is more likely than not that: your child would be in immediate risk of serious harm if returned to your care, and DHHS made efforts to avoid having to remove your child from your home In very serious cases, DHHS will also present to the court its decision not to provide try to bring your family back together. Case Management Conference A few weeks later, the court will hold a case management conference.

You think that DHHS is interfering with your rights as a parent. You disagree with the plan developed by a DHHS caseworker. What happens after the Jeopardy Hearing is over? How can I get my kids back? It spells out: everything that DHHS must do for you and your child, and everything you are expected to do. You may also have two other types of court hearings.

At a judicial review, the judge may order any of the following: that your child be returned to you, that you and the caseworker continue to work on reunification, or that DHHS stop its reunification efforts and make permanent plans for the child's custody with someone else Permanency Planning Hearing If your child is placed in foster care, the court must also hold a "permanency planning hearing" within 12 months of the placement and at least once every 12 months after that.

Petition to Terminate Parental Rights If DHHS believes that you have not worked to correct the problems that put your child in jeopardy or too much time has passed without enough progress , they can "cease reunification" between you and your child. DHHS must tell you in writing when it decides to "cease reunification. DHHS must ask for court approval either before stopping services or within 10 days of the time it stops services.