- September 30, 2023
- Posted by: legaleseblogger
- Category: Related News
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The Challenging Situation: DCS Involvement and Loss of Child
In a distressing turn of events, my sister was taken from my mother’s care by the Department of Child Safety (DCS) around 9 months ago based on a case that has already been dismissed. Shockingly, during this entire period, DCS hasn’t even bothered to visit our house or assess the living situation.
Worrisomely, my sister has been misplaced four times by DCS throughout this ordeal. The latest incident occurred from September 10th to September 20th, when she went missing for 10 days in Tucson. It was later revealed that the transport driver erroneously dropped her off at an all-boys group home. Frantically, upon locating her, we learned that she had sustained scraped knees and claimed to have smoked weed with a homeless person before blacking out. Upon regaining consciousness, she discovered her knees were injured. This information was imparted to us on September 20th, prompting our request for her medical records. It is important to note that my mother still possesses parental rights.
Regrettably, the DCS deliberately disregarded our pleas for eight days, only recently contacting us on September 28th to disclose that they had relocated my sister to a different county near Phoenix. This decision to move her was made without our consent, without informing anyone in our family, and in direct opposition to my mother’s repeated and explicit objections to having my sister placed in Phoenix.
Our Determination to Fight: Exploring Our Legal Options
Given this series of unfortunate events, we are now determined to take legal action and fiercely fight for my sister’s return to our loving home. In this regard, we are considering what the best course of action would be.
AI Legalese Decoder: Assisting in the Legal Process
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With the AI Legalese Decoder’s assistance, we can stay informed, bolster our legal endeavors, and ensure that we have the best possible chance of successfully reclaiming my sister’s custody and bringing her back to the stability and care she deserves.
Thank you in advance for your guidance and advice regarding the most suitable options to pursue.
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****** just grabbed a
NAL But I worked for DCS in Arizona. She should have a behavioral health case manager, a DCS case manager, and monthly CFTs that your mom should be apart of.
If they placed her in Phoenix, they probably placed her in a therapeutic foster home, therapeutic group home, RTC, or a diversion program like Desert Lily.
Even if the charges have been dismissed, your mom needs to comply with the case plan, hand over documentation that she complied or that she doesnÔÇÖt need it at her next court case.
If youÔÇÖre TO or another tribe, you can also talk to your ICWA office.
Your mother needs a dependency lawyer. Child welfare varies *dramatically* by state, and no one who isn’t an Arizona dependency lawyer can possibly advise you here.
How old is your sister?
Moving your sister to Phoenix is probably not actionable. Mom doesnÔÇÖt get to dictate where she goes, and it is easy to believe there is a nexus of resources supporting her care there.
It is likely that momÔÇÖs best option is to retain counsel and resolve the DCS case in such a way that removal is no longer needed.
>only reason she was found this last time is because my sister isn’t too brite tbh and she called her old visitation transport for a ride somewhere
So when you say DCS keeps losing your sister, do you mean she keeps running away? Does your sister *want* to come home? I’m curious as to whether your sister’s preferences or temperament could be having some effect on how DCS is operating.
NAL but a former foster parent. Bio parents cannot choose where their child is placed when the child has been removed. DCFS does have to do a ÔÇ£family searchÔÇØ to see if there are any family members who could safely take custody. Your mom could suggest that to DCFS if she knows of anyone. However theyÔÇÖd need to be investigated.
As previously said, obtain legal counsel to fight the removal to begin with and your mom needs to work the case plan.
NAL, but licensed social worker whom has worked very closely with DCS, APS, court systems. You do understand that your sister running away from home IS an important factor to DCS and family court? If your child is repeatedly running away from home and getting into dangerous situations, they can view that as your inability to effectively care for and manage the behaviors of the dependent, and can recommend removal to ensure that the childÔÇÖs welfare needs are met.
Most replies you give to someone, you point out how ÔÇ£sheÔÇÖs doing this because of thatÔÇØ and say itÔÇÖs a long ass story. But that is information that we are missing to have an actual informed understanding of whatÔÇÖs happening hereÔÇöand you are only presenting the information that paints DCS in a bad light as opposed to any fault of your motherÔÇÖs. They donÔÇÖt just take kids out of nowhere for absolutely no reason.
Maybe you need to re-evaluate if you are looking at this like you should.
ItÔÇÖs possible DCS believes your sister needs a higher level of care before returning home. YouÔÇÖve mentioned potential mental health concerns and that she keeps running away. It sounds like there has significant trauma in her life from stepmother. Are they placing your sister in group homes/treatment program? Therapeutic foster homes? Regular foster homes? Does your sister use drugs/alcohol? They could be wanting your sister to be more stable before returning her home. The list they want your mother to compete could be to help ensure she has the tools necessary to care for your sister.
NAL but IÔÇÖve worked in a number of residential treatment programs for teens and seen similar situations. The parents arenÔÇÖt always the primary reason the child isnÔÇÖt returned to the home.
Your mom needs to finish her case plan for reunification. ThereÔÇÖs a reason itÔÇÖs been 9 months and she is not back home and that reason is non compliance with being able to provide a safe environment for her from your mom
When you say ÔÇ£lostÔÇØ you are really meaning she is running away. They cannot just restrain your sister down and force her to stay at a place. If she run they call police and the police look for her.
When you have a child sheltered from abuse/neglect, dcf has to try to find a safe and stable place for the child to live in. Family and friends are looked at first. ThereÔÇÖs a reason she is not with them. Second when you have a child who a lot of behavioral problem from being abusing/neglected from their parents growing up, placement becomes hard. Dcf is trying to find a place for your sister to go who can handle that level of trauma. This is why she is being bounced around unfortunately. Your mom does not get to decide where she goes. Tell your mom to finish her case plan and she can get her child back.
Well, I am really sorry youÔÇÖre going through this. It sounds like youÔÇÖre really frustrated and stress which makes sense.
How old are you? If thatÔÇÖs okay to ask. IÔÇÖm not seeing that anywhere.
IÔÇÖve read through the comments and yeah, if your sister doesnÔÇÖt want to go home and is a flight risk, they arenÔÇÖt going to return her there.
Plus, you never know what goes on behind closed doors. Your mom could be failing drug tests -_(ÔÇÿ.ÔÇÖ)_- although from what you said that doesnÔÇÖt sound likely.
ItÔÇÖs a really nasty situation for everyone. IÔÇÖm really sorry.