Legal Question in Family Law in California
Illegal Seizure Of Toddler By DCFS?
I am a homeowner in Los Angeles who had a single mother and 17 month old daughter living in a private section of the home as tenants. Mother was arrested (warrant) at the residence and informed the police that I was to assume temp. custody and was able/willing (I was). Police ignored directive and called in DCFS to decide despite child being in excellent health/appearance. An ER CSW met them at the jail, and after 1.5 hr investigation (interviewed mother, me, surveyed residence, etc.) custody was granted to me and she closed the ''file''. Approx. 3+ hrs later (9:00 p.m.) an SCSW + new CSW arrive at residence (police were leaving as their search of the mother's area complete but front door open) and enter w/o i) permission, ii) seeking permission, iii) displaying ID, iv) announce purpose b/f entering, v) a warrant, vi)court order, vii) or probable cause to reopen the ''case''. Ultimately took baby back into custody - sole reason is SCSW didn't believe that I, as homeowner, wouldn't know mother had documents linked to financial fraud stored n her area? Much more detail - space limitations - but now 6 mos later and child still in foster care? Leading-edge advice please....
2 Answers from Attorneys
Re: Illegal Seizure Of Toddler By DCFS?
Placement of children is first with family, no family, then foster care. Lastly adoption. How long is the mother to be incarcerated?
Re: Illegal Seizure Of Toddler By DCFS?
The emotional bias of of the good workers at DCFSS is to get little childen rescued from bad families and adopted into good families. You will need to convince the DCFSS that you are the right person to take care of this little child. If you are not ready to be diplomatic to authorities you may not succeed. Your response to the police will play a part in the decision as to whether you are responsible enough to take care of child. You did not say how cooperative you were with the police. The DCFSS puts the rights of the child above the rights of the mother. If your motive for taking care of this child is to give the jailed mother a safe placed to "park" her child you might have problems with the authorities.
Having said that, the proper procedure for you to follow is to file a petition for guardianship with the court but first get the Mother's agreement and please, try to get the DCFSS on your side. They have the power to thwart your petition and you don't want that. They can get pretty mean, saying all kinds of terrible things about you in court to rescue what they perceive as an endangered child
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