dcs letter

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madimc01
Posts: 5
Joined: Tue Mar 11, 2014 12:41 pm

dcs letter

Postby madimc01 » Wed Mar 12, 2014 3:10 am

We recently received a letter form DCS stating that if we donot show up to some appointment, that they will automatically take the matter into their own hands and make a decision on their own. The point is that there are no open court files or there were no arrests made. I feel this is based on a day that I refused to allow them into my home, just because they had a call on concern. Did I do the right thing? Can they just make a decision without court hearings or arrests? I am lost here and need great help.

Thank you

fatherofthree
Posts: 170
Joined: Thu Nov 10, 2011 1:15 pm

Re: dcs letter

Postby fatherofthree » Wed Mar 12, 2014 8:09 am

Of course they can. For example they could rule the case unfounded and close it. Or based on the nature of the complaint, they could contact the DA and file for court ordered services stating you are uncooperative.
DISCLAIMER: I am not an attorney and am not providing legal advice.

whosechildrenarethey
Posts: 105
Joined: Sat Sep 08, 2012 7:00 pm

Re: dcs letter

Postby whosechildrenarethey » Wed Mar 12, 2014 9:20 am

Based on what you have said it appears all CPS has is an anonymous hotline tip. When CPS came to your home they did so on a fishing expedition because they have nothing to build a case against you with except the hotline tip. CPS knows they need probable cause to get a court order and they also know an anonymous tip alone is not probable cause. CPS trying to force you to meet with them for an interview is again, a fishing expedition. In essence they are trying to build a case because to date, they don't have a case. If there was a real emergency or immanent danger to your children they would have already removed them without needing to obtain a court order and they can't get a court order to remove them based solely on a hotline tip. In my experience and humble opinion you did the right thing in refusing them entry. When you did that, did the CPI give you her name and state what the allegations against you were? Cooperating with CPS will not guarantee a good outcome for your family. Cooperating with CPS is the fastest way I'm aware of to ensure your total loss of your constitutional rights. CPS loves it when we parent's are oblivious to our rights and volunteer to let them into our homes. Without a court order they have no right or authority to enter your premises absent an emergency or immediate danger to the life and limb of your children. If they show up at your home again and your children are there I would suggest you bring the kids to the door or window so SW can see the kids are free from bruises or harm, safe and happy. But that's all I would allow...


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