Legal Question in Family Law in Iowa

They removed my children from my home.

Please please answer me i am desperate for answers, the police came to my home to serve an arrest warrant on someone that does not live here when they got here they smelt marijuanna and asked me if someone was smoking, no one was home but me, i eventually consented to search and was charged with poss of controlled substance and poss of parapheniala. while i was in jail dhs went to my kids school and cut there hair and they also took ua and hair sample from my boyfriend and i although he was not home and not charged with anything. they say my kids cannot come home because of marijaunna residue they placed my children with a close family friend and said i cant be unsupervised around them. no one can believe this is happening over marijuanna. they do not have a court order for anything as of yet and told us if they had to get a court order they would put our children in foster care. can they do this?? is this legal?? i know marijuanna is illegal but my children were not home at this time. what are my rights


Asked on 5/04/06, 9:57 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

Re: They removed my children from my home.

My guess is what they did was remove your children because of an imminent danger of harm to them. They don't need a court order.

You ask what are your rights. DHS will inform you what you have to do to regain custody of your kids, and you have a long road ahead of you.

You have found out that possession and use of controlled substances is enough to get your children removed. It's completely inappropriate behavior where children are concerned. You can either hire a lawyer or make application for court appointed counsel if you are indigent.

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Answered on 5/04/06, 1:01 pm


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