Q: Can DFS still have an open case against me 10 yrs after my daughter turned 18 and is now 25
She aged out of foster care at 18 and is now 25 no longer in the care of the state but still has it opened as unresolved and it's been 10 yrs.
A:
Based on the information provided, it seems highly unlikely that the Department of Family Services (DFS) would still have an open case against you 10 years after your daughter turned 18 and aged out of foster care. Here are a few key points to consider:
1. Age of majority: In most states, once a child reaches the age of 18, they are considered a legal adult and no longer under the jurisdiction of child protective services.
2. Statute of limitations: There are typically statutes of limitations for child abuse and neglect cases, which limit the time period during which legal proceedings can be initiated. These time limits vary by state and the nature of the alleged offense but are generally not as long as 10 years.
3. Aging out of foster care: When a child ages out of foster care, the state's legal responsibility for their care and protection typically ends.
However, it's important to note that there may be some exceptions or unique circumstances that could impact your specific situation. If you have concerns or need clarification, you should consider:
1. Contacting DFS directly to inquire about the status of your case and request that it be closed if it is still open.
2. Consulting with a family law attorney who specializes in child protective services cases to better understand your rights and options based on the specific details of your case and the laws in your state.
Without more detailed information about your case, it's difficult to provide a definitive answer. However, in most situations, it would be highly unusual for DFS to maintain an open case against a parent for such an extended period after the child has reached adulthood and is no longer in state care.
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