Seattle, WA asked in Child Custody for Oregon

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

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1 Lawyer Answer
Joanne Reisman
Joanne Reisman
  • Divorce Lawyer
  • Portland, OR
  • Licensed in Oregon

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.

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