Legal Question in Family Law in Oregon

My rights to protect myself against DHS

My girlfriend tested positive for meth, in return DHS steped in and put our kids in protective servises. Dhs filed a patition against me stating that ihave been arested for a pcs,which is false. Now my question is do they have a right to keep my child? Also DHS is telling my girlfriend that I have to go through treatment with her before she will get our kids back. Mysecond question is do they have a right to make me go through treatment when I have not tested positive for anything?


Asked on 12/16/04, 8:56 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: My rights to protect myself against DHS

YOUR POST:

My girlfriend tested positive for meth, in return DHS steped in and put our kids in protective servises. Dhs filed a patition against me stating that ihave been arested for a pcs,which is false. Now my question is:

QUESTION #1: `Do they have a right to keep my child?

ANSWER: Yes, providing proper legal procedures through the Juvenile Court are followed.

QUESTION #2: DHS is telling my girlfriend that I have to go through treatment with her before she will get our kids back. Do they have a right to make me go through treatment when I have not tested positive for anything?

ANSWER: No, they do not have a right to "make" you go through treatment. And you have every right to refuse to go through treatment. Be aware, however, that your not going through treating will probably mean that your girlfriend won't be getting the kids back.

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Answered on 12/16/04, 3:55 pm


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