Q: we are trying to get our neice from lawrence co. dhs and they refuse to return our calls. we have filled out the papers.
She was placed in the walnut ridge childrens home when her dad went to jail,( her mom doe's not have legal custody of her either) we went to lawrence co. dhs & filled out the paperwork. They will not return our call's and we called the children's home, they told us she is no longer there. We want our neice to be home with us, with family. But we are not getting any co-operation from dhs. This has been going on for 2-3 month's now. What can we do at this point? Is it time for an attorney?
A:
It is certainly time for an attorney. You should expect fees between $4500 and $6000. And realize that once DHS has a case, they sort of rule the case. That means they will make recommendations to the Court and the Court usually goes along with it. That being said, you can petition the Court to hear you also.
Typically, DHS will pick out a person in the family to give custody. I wonder why they did not pick you? Sometimes, DHS does not want a family member for several reasons. For instance, where was the family when the child was in trouble? How come no one petitioned the court for a guardianship? If you filled out the paperwork, they might have found something that caused them concern; i.e., criminal history, work issues, concerns that you might let the child see her parents?
In any event, I know this is difficult. You should contact an attorney if you want to be involved in the DHS case but realize that the Court will probably let your attorney and you into the case but usually goes along with DHS recommendations.
Good luck.
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