Legal Question in Constitutional Law in Oregon
My rights
My soon to be ex-husband and I do not get along at all (to put it lightly) he has told my family, friends, and employer some pretty horrible things about me (most of which were lies) He even called DHS and filed a complaint against me saying that I was an ''unfit'' mother. DHS showed up and inspected my home, interviewed me and watched my daughter for about an hour. Well, I passed with flying colors and she said that she was going to close the file. Three months have gone by, and now,all of a sudden, she called again and said that she has received more complaints from my husband stating that I am an ''unfit'' mother and that I have been using drugs. She said she is re-opening the claim now and that she will be inspecting my home again and drug testing me. This does not seem fair. Does that really give them the right to supervise me and drug test me all because of the lies my husband has told them about me? Dont they have to have some sort of reasonable suspicion besides what he has told them? I know I will pass again, it is just the principal of the whole thing, my husband will be getting exactly what he wants. Thank you.
1 Answer from Attorneys
Re: My rights
That DHS saw no evidence to support the prior accusations does not mean the new accusations are false, let alone that they are so obviously false that they should just be ignored. The department's duty is to protect the welfare of your children, not to make you feel you are being treated fairly. It cannot perform its duty by ignoring reports just because the source made an unconfirmed report in the past.
I'm sorry you are going through this, especially if the reports are groundless. The fault is your husband's, not DHS's. Try to keep that in mind.
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