If you have evidence that substance abuse issues of the parent is affecting the child, you can obtain a change in your custody order. CPS can't take your kids if THEY don't think they have any evidence, but since they did take your kids, apparently the CPS worker thought there was some major concern. Even if it is a legal drug such as marijuana, the court can make orders restricting the parents use of the substance to ensure the safety of the child. We look into reports of abuse and neglect of children and young people age 18 or younger. CPS should have filed a court case about your children on the next business day after they took your children. All social workers have to work within a clear legal framework and cannot do anything without having a sound legal reason. Child Services, without any evidence or investigation, reported the abuse as being substantiated, removed the child (14) and withheld that finding from me. Then, Family Court must agree with our reasons. When one parent is found to be a substantial risk there are only three options: 1) Let parent and partner look after the child together and take that risk that the child will be harmed. My social worker has is it in for me and is going to make sure that my child is taken off me. It may be necessary to obtain expert evidence on this, probably from a psychologist. If you violate the terms of the custody agreement (you have to have the other parent’s permission) then you yourself can lose custody of your child. that is very scary to hear, social services want to take me to court to take my unborn baby away even though their is no present concerns and I have addressed all previous concerns, my son was taken away in August 2016, and even though some of the reports on that was true, a lot was fabricated they even said my child wasn't being fed even though they had no evidence of this and … If you take the child without the permission of the other parent, the judge will not look kindly on this – it will be considered child abduction. I am happy the girl is now with Child Safety since I do not want her back after her lies. Keep your temper under control with the authorities involved in your case. Take up that help. This follows the case of a nurse whose one year old child was removed from her care by social services. By law, CFSA can remove children from their homes only with good reason. Don't give up. Any decision to take a child into care- even for a very short time – has meet the criteria set out in legislation. Grounds for CPS to Remove Children If CPS has taken or is threatening to remove your children, contact a defense attorney right away. Let us explain your parental rights, your option for getting your child back, and how we can make the process go as smoothly as possible. Some have asked ” can I tell social services to go away ” – If you tell them to go away, they won’t and you will end up in Court and there is then the risk that your children really will be removed. Information for Parents and Caregivers The DC Child and Family Services Agency (CFSA) protects District children from abuse and neglect. 2) Let the couple live together but remove the child from their care. “My case is a perfect example of how social services can literally take any child because there is no route of redress and no requirement for any real evidence. Imminent danger is a legal term that permits government agents to skirt the constitutional protections that bar illegal search and seizure. As angry as the situation may make you, losing control could be used as evidence to support the allegations. Work with Social Services. It was reported that a social worker raised concerns over the way the mother had allowed her son to sit on a ‘Bob the Builder’ toy car. Call (713) 222-6767 for a free consultation. 7. It may be the ugliest battle of your life, but overcoming and disproving false allegations of child abuse is without a doubt worth the effort. 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