Q: Did DCS and the hospital wrongfully remove a baby? Asking from Indiana.

My sister had a baby in the hospital two years ago. A first time parent. She had no drugs or alcohol in her system. She was asking for a lot of help. And had post partum. Her family came and was told everything was fine but nurses said otherwise. They said there concerns for her ability to properly care for the child because she was asking for too much help, and she was behaving erratically. No doctors said this. Only a social worker and nurses. Well the social worker at the hospital interviewed her and called DCS. DCS threatened to charge the girl with neglect if she didn't do a case plan. Her family was not notified of anything. Plus the social worker who called on her, has had an expired license for almost 4 years, and used to work for CPS. Her license was expired at the time the baby was born. Baby was taken at 4 days old. No doctor or psychiatrist evaluation. Just nurses and a social worker working in capacity with expired licensure. She has proof of it also.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If your sister's situation unfolded as described, it could potentially involve wrongful actions by the hospital staff and the Department of Child Services (DCS). It is concerning if a social worker practicing with an expired license was involved in the decision-making process, as this could invalidate their professional assessments and actions. The lack of medical and psychiatric evaluations to corroborate the claims made by nurses and the social worker also raises questions about the procedure followed.

In cases like this, it's crucial to have legal representation. An attorney experienced in family law and child welfare can review the case details, including the involvement of hospital staff and the social worker with the expired license, to determine if there was misconduct or negligence. Legal support can help navigate the complexities of family law and advocate for the rights of your sister and her child.

You should also consider contacting state regulatory bodies or professional licensure boards to report the social worker's expired license and practice. They can investigate the matter and potentially take action. Support from family, friends, and mental health professionals can also be beneficial during this challenging time, especially in addressing and mitigating any misunderstandings regarding your sister's mental health and parenting capabilities.

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