Fighting for your Family
DCS has just removed my child? What can I do?
You must fight really hard at the beginning of these cases. The longer your child stays in foster care, the harder it is to get your child back. It is possible DCS did not make reasonable efforts to prevent removal and the child can be placed back in your home with services or with close friends or relatives. The first hearing you will appear at is called a preliminary hearing, and it is possible to win those. If you win this hearing, you will get your child back.
I have been charged with severe abuse? Can you help me?
DCS has a large burden in severe abuse cases. If they adjudicate you guilty of severe abuse, DCS has a ground to terminate your parental rights I can help gather medical evidence and experts to help you fight a severe abuse case. I am Board Certified Juvenile Law-Child Welfare Specialist and know how DCS works. I can definitely help you.
How about termination of parental rights cases?
Likewise, DCS has a large burden to meet to terminate your rights. If they have not helped you enough to get your children back, you can get a termination case dismissed.
What happens if DCS indicates me for abuse or neglect?
Once you are indicated, DCS has an obligation to provide you with your due process notification in writing and you have to take action quickly to appeal the indication. When you receive your notification letter from DCS, you only have ten (10) business days to request the formal file review by DCS central office in Nashville. You then have the right to submit additional written information to the central office reviewer within thirty (30) days of receiving the notice that your formal file request has been accepted. If you hire me, I can represent you through this entire process, make sure that all deadlines are met, and make sure you properly defend yourself.
What if the DCS central office upholds the indication, can I appeal that?
Yes. If DCS central office upholds your indication, DCS has to then provide you with notice of your right to request an administrative hearing or fair hearing within ten (10) business days. If you request this hearing, the Administrative Procedures Division will notify you of your rights and responsibilities and you will receive notice of your hearing date in the mail. You can then present your case to a hearings officer who will make a ruling on your indication.
Why would I need an attorney for the fair hearing?
It is definitely a good idea to have an attorney represent you at the fair hearing. DCS is not perfect and there may be weaknesses in the investigation that can be presented to the hearings officer that may lead to your indication being overturned. As someone who has worked for DCS for seven (7) years, I would be a great person to represent you at an administrative hearing. I will review your case to make sure you were treated fairly throughout the entire investigation.
You must fight really hard at the beginning of these cases. The longer your child stays in foster care, the harder it is to get your child back. It is possible DCS did not make reasonable efforts to prevent removal and the child can be placed back in your home with services or with close friends or relatives. The first hearing you will appear at is called a preliminary hearing, and it is possible to win those. If you win this hearing, you will get your child back.
I have been charged with severe abuse? Can you help me?
DCS has a large burden in severe abuse cases. If they adjudicate you guilty of severe abuse, DCS has a ground to terminate your parental rights I can help gather medical evidence and experts to help you fight a severe abuse case. I am Board Certified Juvenile Law-Child Welfare Specialist and know how DCS works. I can definitely help you.
How about termination of parental rights cases?
Likewise, DCS has a large burden to meet to terminate your rights. If they have not helped you enough to get your children back, you can get a termination case dismissed.
What happens if DCS indicates me for abuse or neglect?
Once you are indicated, DCS has an obligation to provide you with your due process notification in writing and you have to take action quickly to appeal the indication. When you receive your notification letter from DCS, you only have ten (10) business days to request the formal file review by DCS central office in Nashville. You then have the right to submit additional written information to the central office reviewer within thirty (30) days of receiving the notice that your formal file request has been accepted. If you hire me, I can represent you through this entire process, make sure that all deadlines are met, and make sure you properly defend yourself.
What if the DCS central office upholds the indication, can I appeal that?
Yes. If DCS central office upholds your indication, DCS has to then provide you with notice of your right to request an administrative hearing or fair hearing within ten (10) business days. If you request this hearing, the Administrative Procedures Division will notify you of your rights and responsibilities and you will receive notice of your hearing date in the mail. You can then present your case to a hearings officer who will make a ruling on your indication.
Why would I need an attorney for the fair hearing?
It is definitely a good idea to have an attorney represent you at the fair hearing. DCS is not perfect and there may be weaknesses in the investigation that can be presented to the hearings officer that may lead to your indication being overturned. As someone who has worked for DCS for seven (7) years, I would be a great person to represent you at an administrative hearing. I will review your case to make sure you were treated fairly throughout the entire investigation.
This website has been designed for informational purposes only. In no way should this information be interpreted as giving out legal advice. If you need legal advice, you need to consult with an attorney in person. No attorney-client relationship is formed by any use of the information provided herein.
