DCF Removed child yesterday...need help and advice fast!

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Crazy1csd
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DCF Removed child yesterday...need help and advice fast!

Postby Crazy1csd » Fri Feb 10, 2012 11:06 am

I joined this board because of an injustice to a friend. This young lady, 19, has been dealing with DCF for over a year, and cannot get this resolved. DCF was contacted originally because her baby's father, whom they both lived with, abused her and was arrested on drug charges. This happened in a neighboring county, the girl left him and came back to Pensacola that night. At one point, after abuse counselling, she agreed to reconcile with the stipulation he did not drink alcohol. He came home one day with alcohol instead of diapers and she left him for good. That was 7 months ago. She admitted to smoking marijuana when this first happened, but has passed all drug tests(random over about 18 months) and has not done drugs or had alcohol since this started. She obtained a new home with a boyfriend, that DCF approved(and he passed the background test). But, yesterday, she went to court and they removed the child. They did not even give her mother a chance to get the baby, who is almost 2, even though her house was approved by the worker the whole time. They gave the baby to baby's great aunt who has more money, said her house was better, so that was where she was going. The girl was not even allowed to speak. And she had just met her court ordered attorney who had no idea about the details of the case. They still have her case in the other county even though she has been in this county more than half of the time the case has been open. They made her believe at court that she would get her child back in 3 weeks, when her in-home parenting classes were completed. But today, the parenting class lady told her if the child was removed, the classes were cancelled, and that DCF and the court knew this. Fortunately, they are going to let her finish them if the DCF worker says the child will be returned when they are completed. Then a counselor told her Mom they were trying to terminate this girl's parental rights. She is a good Mom, with a stable, safe home, plenty of food, no abuse, and a happy healthy child, I do not understand this. BTW, all of the counselors for the services she has been ordered to do for court can make any sense of it either. The worker, who is from the Families First Network, used by DCF, is friend's with the girl's aunt and hangs out at her house often, as late as 10pm at night. The Aunt has wanted this girl to sign over rights since the child's birth, and this feels like a well orchestrated set-up for the aunt to get the child. When did being young and poor mean you cannot keep your babies, even though you have food, safe shelter, clothing, etc? And when did being a victim of domestic violence, and leaving that situation become a liability to a woman? this is all so crazy and so WRONG!!!We are in Pensacola, Florida with court held in Santa Rosa county. Can anyone offer advice on how to proceed to get her baby back. The only thing in her case plan not done are the 3 classes and her psychological assessment, which is scheduled for March 22. Thanks for reading this, and thanks in advance for any advice.

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monkette31
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Re: DCF Removed child yesterday...need help and advice fast!

Postby monkette31 » Fri Feb 10, 2012 11:55 am

well, for now, have the 19 year old continue with her classes as usual. She needs to get a letter of completion or certificate. When exactly did the case open? When was the child taken from mother's care?, this sounds recent. When is her next court date and what is it called, if known? 12 mos. hearing, termination hearing. and how old is the baby right now? more answers when answers to questions known.

Sorry, ya, removed from where yesterday? Was the child with the mother and new boyfriend? and does she now have a court appearance in 72 hours?
I'm not a lawyer but will try and help you any way i can. My postings may seem harsh but they all stem from personal experience with DCFS. I am not a victim and take responsibility for my part in my life, but I will always help ANYONE learn about the corrupt sick system.

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Eljay
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Re: DCF Removed child yesterday...need help and advice fast!

Postby Eljay » Fri Feb 10, 2012 12:42 pm

Wait.... she's done nothing but COMPLY for the last 7 months and they took the baby? No new evidence? She has done nothing wrong in all this time, and has had the child all this time, and they removed the child??? CPS/DCF must have said something to justify this action. I cannot fathom that they reported to the judge that she's complied with everything and the judge went rogue and took the child away. So, what did they say/allege was their justification for removal?
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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family_man
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Re: DCF Removed child yesterday...need help and advice fast!

Postby family_man » Fri Feb 10, 2012 6:42 pm

Is DCF recommending a TPR, or just placing the baby with the Aunt and closing the case? There's a BIG difference. With a termination of parental rights, your daughter's connection with her baby will be permanently severed, clearing the way for an adoption. Any future baby your daughter has, that the state of Florida finds out about, will also be taken away. You daughter and her atorney should fight this in the "termination trial." The state has to argue for the TPR based on something, and so far, I don't see any valid cause for it.

If it's simply making the Aunt the primary guardian of the baby, you daughter could let DCF do it just so that they close the case and get out of your lives. Later she can petition family court to return custody back to her. Alternatively, she could ask her attorney to file a written objection to the state motion to make the Aunt the guardian. Doing this might delay DCF from closing the case, but it might be worth it to settle things now.
Disclaimer: I am not an attorney, and this is not legal advice.

Crazy1csd
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Re: DCF Removed child yesterday...need help and advice fast!

Postby Crazy1csd » Fri Feb 10, 2012 7:43 pm

She has been doing this case plan since 10/10, and they took the baby yesterday. The Guardian-ad-litem said the house was not safe, but the case worker had already approved the house before Alyssa moved in with the baby. She is totally unsure of what the next court date is called, it is in 3 weeks. The worker had told her that the case should be closed by March 1st, before they went to court yesterday. No other allegations other than unsafe conditions were reported. Alyssa said she does not recall anything specific mentioned about why the house would be unsafe. I took pictures today and it was fine to me. Wall sockets were covered, unused ones had safety plugs, it was clean, they had food, they had milk, they have heaters and the baby has her own room fixed up with a toddler bed and lots of toys. The baby will be 2 in March. Thanks for all the advice, I look forward to hearing from you again!

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good dad
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Re: DCF Removed child yesterday...need help and advice fast!

Postby good dad » Fri Feb 10, 2012 8:46 pm

She is totally unsure of what the next court date is called, it is in 3 weeks.


Did they take the child at court yesterday? or later in the day unexpected?

If they took the child unexpected later in the day, there must be a hearing within 72 hours, not including weekends, where DCF must explain to the court why the child was taken from the home.. Print copies of the pictures you took..

The Guardian-ad-litem said the house was not safe, but the case worker had already approved the house before Alyssa moved in with the baby.


Did she just move into this house very recently?
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