Blog

DCFS Took My Child(ren), My Grandchild(ren), My Relative’s Child(ren), What Can I Do?

If DCFS removes a child(ren) from the parents, then they first must look to a relative that passes a home study to place the child with in order to prevent the child(ren) from being placed in or remaining in foster care. The parents can tell the case worker and court what relative they want the child placed with during the proceedings.

A shelter hearing with be held within twenty-four (24) hours of when the child(ren) was removed from the parents.

If you are a relative that wants custody of the child(ren), a DCFS case worker will visit your home/apartment and make sure it is safe and clean. The case worker will do a criminal background check on you and anyone else that lives in the house. The case worker may also do a urinalysis of you to make sure you are drug free.

If you pass the home study, DCFS will ask the court to place the kid(s) with you. Even if you have a negative home study, you can hire an attorney to represent you in court in order to argue that the home study should not be negative and is positive; and that you should get custody of the kid(s).

A parent who is indigent will receive an attorney. However, all others relatives must hire an attorney if they want to be represented in the case.

DCFS will require the parents to do a case plan. You will have custody of the kid(s)s until the child(ren) are reunified with their parent or parents. The child and parents are reunified when the parent successfully completes the case plan; and the court returns the child(ren) to the parent.

In the case plan, the parent may be required to do a substance abuse evaluation with treatment and follow up; a psychological evaluation or anger management or domestic violence program; a parenting course, obtain a job, etc. The case plan is tailored to what the parents’ needs and must be related to the parent’s behavior toward the child.

If the parent never successfully completes the case plan in the allotted time frame, then DCFS may leave the child(ren) with you in a permanent guardianship.

This article is for information only; and does not form an attorney client privilege. If you have more questions regarding a matter involving DCFS removing children from the home or investigating you or Orlando child custody, you may call Ann Marie Gilden, Esquire at Ann Marie Giordano Gilden, P. A. at (407) 732-7620 to set an initial consultation.