Q: rights of DHS Children's Services to remove a child out of his grandmother's Care on an accusation without a warrant
We need to know what the next step would be for the parents to going to court today and get the child back
A:
DHS does have the power to remove a child if there is an issue that involves the child's care or safety. The child's parents absolutely have the right to go to court and find out what is going on. They can either hire their own Attorney or the court will appoint one on request. The child is also entitled to a court appointed Attorney. Typically DHS will explain what their concerns are during the court process and the first thing will be a plan to reunite the child with their parents. The plan may involve steps the parents need to take to insure the child's care and safety. Like complete a treatment plan if there is substance abuse or complete a parenting class or an anger management class. If the parent successfully completes the plan the family is reunited.
It isn't clear what the grandparent's role is. If the grandparent is a safe option, DHS would not have removed the child but hard to say. Grandparent's can apply for guardianship of a grandchild or custody depending on the circumstances but this may need to be done in regular court, not juvenile court. One would have to consult with a family lawyer to explore these options.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
