Legal Question in Family Law in California

Help Me Fight DCFS

Hi I need some immediate help in my children's dependency court case!
Back
in January someone called DCFS stating all false allegations regarding
my
children and myself. These complaints are all hearsay about drugs
abuse and
drugs in the home also about child abuse and neglect. I found out who
called
DCFS in the first place this person is a unreliable source. My public

pretender is as no help to me I tried to file her due to misconduct
and the
commissioner denied my request. I also tried to request a judge
instead of a
commissioner and was also unsuccessful I have a lot of things that
concern me about
this case and I ask social workers and public defenders and I have
gotten
nowhere. I am trying to get information about appealing the petition
about this
matter and I just don't know how, I have tried to do research on the
Internet
and I have gotten some info but I just have not gotten the right info
that
will satisfies me. I need info on filing the correct paperwork about
the
false allegations because they only have the hearsay. I also need info
on
filing for an appeal . Can U please help me ASAP.

Asked on 7/15/06, 11:22 am

2 Answers from Attorneys

KATHIE SIMMONS KATHIE SIMMONS

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Re: Help Me Fight DCFS

You may hire your own attorney by going to a low fee program and getting a referal. You meet with the attorney and if you want him/her you ask the court to appoint the new attorney. The court pays some small amount and you may also pay something. The social worker should have proposed a reunification plan by now and the easiest thing to do is to comply and get your children back. The issue of whether the initial caller was correct is almost moot after months have gone by and the social workers have investigated your situation and made recommendations about what your children need. What you should be looking for in an attorney is someone who will fight to make sure that you are given whatever help you need to complete the plan. In the mean time you need to maintain your bond with your children by visiting and assuring them that you are working hard to make a home for them. email me again if you need more help.I'm not near you so I can't take your case but I'm confident someone will. In the mean time you might consider trying to work with your current attorney. It may be that your focus on proving the original complaint was false made it difficult to guide you.

Answered on 7/15/06, 1:04 pm

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Steven Stout Steven A. Stout, Attorney at Law

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Re: Help Me Fight DCFS

I have lots of experience with DCFS. You are not going to like this answer but, truly you must accept it for the welfare of your kids. Let go of your desire to fight and make right wrong.

Here's the deal - as plain as I can put it. Fight them and you and your kids will lose, every time, and it will keep getting worse as long as you fight. It doesn't matter if you are right and they are wrong - YOU WILL LOSE and so will your kids.

I am not saying this is right, it's just the way it is,

If you do everything they tell you, exactly when they tell you, and smile and say thank you, it will all eventually work out.

If you disrespect them by testing their authority they will hurt you. You have to do it their way for your kids, suck it up and let go of your anger. You are only one small person stuck in the system, they deal with angry righteous moms all day, every day, let go of the anger and go along or prepare to get hammered.

Sorry,

Steve Stout [email protected]

Answered on 7/15/06, 3:18 pm

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