The Foster Parent Legal Protection Plan

$14.95 per month

(Because the unexpected can happen)

[1] From the moment you learn that you are under investigation or have been falsely accused of abuse or neglect, refrain from talking to anyone but an attorney. This applies even if the child has been taken from school and placed in foster care or the Department of Social Services and the police are there to remove the child.

[2] Unless the Department of Social Services or the police announce that they intend to take your child, politely indicate that you will not talk to them and that you want a lawyer. Again, you are not required by law to talk to any of these people. You have the right to simply close the door and call a lawyer immediately.

It is suggested, however, that you obtain the name of the Department of Social Services' worker, his or her supervisor's name and, if applicable, the police officer's name and badge number.

[3] If you are served with any documents, take them, refuse to comment or answer questions, and contact a lawyer immediately.

[4] If the Department of Social Services announces that they wish to take a child or children from your home, ask for their court order or warrant of inspection. The inspection warrant is used to compel the owner or occupant of the residence to allow entry for purposes of observing the environment, but application must be made to the court. Most states require that some evidence be produced by the state, regardless of how minimal, before such warrants are issued.

[5] Do not invite Department of Social Services personnel into your home. If they have gained entrance before you learn why they are there, order them to leave. If they do not leave, call the police and request that they be forcibly removed for trespassing. Follow up on that charge with your attorney.

[6] If they announce that they wish to take a child or children from your home, again demand their court order. If they do not have one, they will have to defer to the police to remove the children pursuant to the emergency protective custody procedures. If the police are in attendance, and they announce their intent to conduct such an emergency removal, note the date and time of day of the removal, along with the parties' names and other identifying characteristics, then contact your lawyer immediately.

[7] Demand the credentials of anyone who purports to be a Department of Social Services worker. Also, ask for identification from any police officers present. The police are issued ID cards with a picture and badge number, usually signed by the chief of police or sheriff.

[8] Although you should have an attorney representing you by the time a Guardian ad Litem enters the case, you might be personally contacted by someone purporting to be the Guardian ad Litem for your case. Demand to see the court order appointing the person and a picture ID. This insures that the individual has the authority to serve as the Guardian ad Litem. But, again, do not talk to this individual or to anyone else without the presence and consent of your attorney.

[9] Do not confront the child or children regarding the investigation. If you do, you may be accused of intimidating a state witness or causing further harm, neglect, or trauma to the child or children. Let your attorney advise!

[10] If you are married and living with your spouse, and both of you are suspected as perpetrators, tell your spouse only where the child is if the child is in foster care and relate the nature of the charges. Do not discuss the charges beyond that point, as the spousal privilege is not available in this situation according to most state statutes.

[11] If you are married but not living together, inform the non-custodial parent of the whereabouts of the child or children and the nature of the charge, then refuse further discussion until counsel is obtained. Remember that the person who reported the abuse will remain anonymous, unless a private investigation is undertaken. The non-custodial spouse might be the reporter, particularly if a custody case is pending. If it is discovered that the non-custodial parent is not the reporter, and no mention of the situation is made to him or her, there could be repercussions for the custodial parent. For example, not advising the non-custodial spouse about something that affects the child or children can lead to a separate court action for a custody change, or even temporary physical placement with the non-custodial spouse as a result of the abuse case. Again, consult and abide by the advice of counsel.

[12] If you are neither married nor divorced, consult with counsel about the advisability of informing the biological father or mother. Rest assured that the Department of Social Services will reach them, if at all possible, and in all probability, will name both parents as defendants. Even when an accusation is lodged solely against one or the other, both might be named if they can, in fact, be found.

Published with Permission from Nichols Consulting http://www.falseabuse.com