vs state (to be found innocent of the accusations)

[mom x3]

If DSS takes a child away twice before then sending them to a treatment center to then be found innocent of the accusations that made him be taken from us, do I need a lawyer? Child has one.

[AFFA]

I wish to inform you that a lawyer is required if a parent cannot themselves have knowledge or confidence to represent. If treatment center report is in favor of parents then such a fact can enable a parent to argue and take back the child. Parent can argue that all the accusations have been incorrect and in the best interest of child now child must be given back to parents.

AFF

[sandyclaus]

Originally Posted by mom x3 If DSS takes a child away twice before then sending them to a treatment center to then be found innocent of the accusations that made him be taken from us, do I need a lawyer? Child has one.

Are you asking if you need a lawyer to regain custody of your child? I'd say YES.

Where is the child now and what was the nature of the charges of which they were found innocent? Why exactly were they taken out of your custody in the first place?

[Lexus]

You know when the court makes a child custody determination, it assesses what is in the best interest of the child. This standard takes into consideration a number of factors, including safety of your physical home environment and your ability to meet the child's physical, mental and emotional needs.

[Friend In Court]

Originally Posted by mom x3 If DSS takes a child away twice before then sending them to a treatment center to then be found innocent of the accusations that made him be taken from us, do I need a lawyer? Child has one.

Yes. Absolutely. The child's lawyer is a guardian ad litem, but the state has a panel of lawyers that a laymen is at a great disadvantage countering in court. Just asking the question indicates you do not know your legal options, the law and legal procedures.

Get a lawyer.

[mom x3]

Major sexual accusations by a sibling that were found not true by 'full admission' on a polygraph. He was sent to family for 'safety of the siblings'. The state had him sent away because they never believed him.

[sandyclaus]

Originally Posted by mom x3 Major sexual accusations by a sibling that were found not true by 'full admission' on a polygraph. He was sent to family for 'safety of the siblings'. The state had him sent away because they never believed him.

Are the authorities sure that the sibling actually lied about the accusations, and is not just recanting his version of the facts in order to please you? It's not uncommon for a child to make up stories in order to gain favor with a parent, or to recant a story told for the same reason, especially if they feel that the consequences are more than they realized they might be. The authorities are going to have to make a determination as to what the truth really is here before even considering a return of your child. Having the charges unsubstantiated is not the same as being found innocent.

And if the child is returned home, what is going to happen then with the sibling to made the false accusations? Have you explored their reasons for making such a claim? Is there family counseling planned in order to deal with the resulting situation?

[mom x3]

This has been going on since November 21, 2011. He's said from all along that he 'did not' do the things that his sister reported. He did, do things that had been disclosed in counseling prior to placement. His counselor said he was lying and he'd bet his job on it. So, he wrote a letter to the judge saying that the child was 'not cooperating' and upon his recommendation be placed into treatment. The polygraph 'by full admission' states that he was telling the truth about what he did and did not do. The original counselor sent him away for reasons that were wrong. The other siblings are in counseling with the same people that made one believe it could have happened to him too. They haven't called us back to reschedule since the information came out of the polygraph. I've left a message just to cover myself. To me, the child in placement should get treatment at home like he was when he was 'cooperating' just fine. He's been through enough. Legally, I'm told i need a lawyer to protect us from local authoritative figures that have turned this and not listen to us at all from the beginning. ?????