Q: How do I get my attorney to file a 388 return of child petition? She has been failing me due to misconduct.
My son is 6, autistic and being detained in foster care for two years. He had left the inside of our home and went out to play in the driveway unattended several times. I had him evaluated turning a diagnosis of autism. He has left the foster home and school undetected also. He is being abused I believe. Black eyes, swelling. , marks on his body constantly. Even missing a tooth that was not at all loose. Please we need some help.
A: Is this a NY case? There is no 388 petition. Either this case is for a different state in which case you should repost as such, or you are being misled by your Google research. Talk to your lawyer.
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A: New York has no such statute referred to as the Welfare and Institutions Code §388 for the return of children on remand by a family court judge into foster care. This is why the asker's attorney did not file it in a New York child protective case, hence there is no misconduct.
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