help please

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mike regs
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Joined: Wed Dec 07, 2011 8:02 pm

help please

Postby mike regs » Wed Dec 07, 2011 8:18 pm

Do I have to keep working with dcf or is it voluntary after I get back custody and the judge dismisses the case??

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Re: help please

Postby Eljay » Wed Dec 07, 2011 10:21 pm

It depends... a dismissal can be several things:
1. CPS caseworkers have no good reason to file for dependency/removal of child from home
2. There is not enough cause/evidence for the issue to be addressed by the courts
3. You agreed to avoid a trial by submitting to their "voluntary services"
4. The judge agreed to avoid a trial by allowing you to submit to their "voluntary services" which are now court-ordered
5. You went to trial and won and CPS was told to leave you alone/no reason for their involvement (no jurisdiction)
... there are probably more dispositions, but I'm new at this.

Do you have a copy of the "minute order" from the court? BTW, if you are mandated to deal with CPS, a caseworker will be calling you to schedule a visit or appointments.
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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Location: TX

Re: help please

Postby family_man » Thu Dec 08, 2011 6:36 am

I would think that if you "got legal custody back," that any further DCF "services" would be voluntary. It is my understanding that the state cannot mandate services unless it has legal custody. However, if you decline these "voluntary" services, DCF may open a new investigation at some future time. Talk to the caseworker and get a feeling for what they think is mandatory and what is not. If their expectations prove to be too burdensome to you, move out of state while you can.

Also note that legal custody is different from physical custody. During the reunification process, CPS often will let the children move back with the parent(s) while CPS continues to monitor them. During this period, the parent(s) have physical custody, but the state retains legal custody. It will of course be necessary to comply the case plan and accept all the "services" during this supervisory period, until full legal custody is returned to you.
Disclaimer: I am not an attorney, and this is not legal advice.

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Joined: Sun Sep 12, 2010 11:26 pm

Re: help please

Postby Bosnlife25 » Thu Jan 19, 2012 5:22 pm

If you truly recieved legal custody and the judge dissmissed your case. Then without a court order you dont have to say a damn words to your so called social worker or caseworker and if you do then it is on your shoulder for voluntaraley giving them evidence against you, when in doubt excersive the power of shut your mouth, and dont help them build a case against you or start a new investigation cause you thought the caseworker was on your side, trust me their not!! Gain your on knowledge on the laws put in place to help govern these people, if you dont.... so be it...

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