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  1. #1

    Default Unfairly Investigated for Allegations of Drug Use

    DCFS contacted me in mid-october stating there was a case open against me in regards to drug use around my child. It was my ex girlfriends children's father. A DCFS worker showed up at her house and she let her in. she interviewed me my ex girlfriend and her children. But Not my child who was also present.
    the next day I got a call from a different lady who said she was my case worker and a case had to be open against me because it was stated I was using with her. At that point she told me she had *30 days to get her interviews done in order to pursue the case. I explained to Both caseworkers (my ex girlfriends, in person and mine, over the phone.) that I have not participated in any drug use and that my child had not been exposed to anything of that nature. my sons mother was also contacted and told the caseworker the same thing.she wanted to interview my son but said that she legally could not because he was not four years oldyet and needed her supervisors approval.
    neither one of us heard from her again until after my son had already turn 4, which was after her 30 day guidelines.
    she contacted me stating she needed to do a home visit in order to close the case but never showed up.at this point it's close to 4 months later and she's being very persistent and demanding that she talk to my son.
    at this point I feel she's pushing/overstepping her boundaries, her guidelines, aswell as my constitutional right against unwarranted search and seizure.
    She has not been given consent to speak to my child by me nor his mother but is being very persistent about Interviewing or son. At this point I have stopped responding to her.
    What can his mother or I do/say In order for this woman to leave me and my family alone?y question involves child abuse or neglect in the State of: Utah.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Dcfs and Their Boundaries

    Quote Quoting Craig Johnson
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    DCFS contacted me in mid-october stating there was a case open against me in regards to drug use around my child. It was my ex girlfriends children's father. A DCFS worker showed up at her house and she let her in. she interviewed me my ex girlfriend and her children. But Not my child who was also present.
    the next day I got a call from a different lady who said she was my case worker and a case had to be open against me because it was stated I was using with her. At that point she told me she had *30 days to get her interviews done in order to pursue the case. I explained to Both caseworkers (my ex girlfriends, in person and mine, over the phone.) that I have not participated in any drug use and that my child had not been exposed to anything of that nature. my sons mother was also contacted and told the caseworker the same thing.she wanted to interview my son but said that she legally could not because he was not four years oldyet and needed her supervisors approval.
    neither one of us heard from her again until after my son had already turn 4, which was after her 30 day guidelines.
    she contacted me stating she needed to do a home visit in order to close the case but never showed up.at this point it's close to 4 months later and she's being very persistent and demanding that she talk to my son.
    at this point I feel she's pushing/overstepping her boundaries, her guidelines, aswell as my constitutional right against unwarranted search and seizure.
    She has not been given consent to speak to my child by me nor his mother but is being very persistent about Interviewing or son. At this point I have stopped responding to her.
    What can his mother or I do/say In order for this woman to leave me and my family alone?y question involves child abuse or neglect in the State of: Utah.
    According to several attorneys in several different states, you absolutely do not have to cooperate with DCFS at all in a situation like this one. However its also true that she will probably persist. You might consult a local attorney to see if the attorney sending a letter would be advisable.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Dcfs and Their Boundaries

    Quote Quoting llworking
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    According to several attorneys in several different states, you absolutely do not have to cooperate with DCFS at all in a situation like this one.
    I won't argue with the general truism that you don't have to voluntarily cooperate with a protective services worker, just like you don't have to voluntarily answer police questions or voluntarily let either protective services or the police search your home. The problem is, when you refuse to cooperate with protective services workers you may find that they take an adversarial - perhaps aggressively adversarial - role. It is sensible to consult a lawyer before trying to stonewall an investigation.

  4. #4

    Default Re: Dcfs and Their Boundaries

    While i do realize it's probably not the best idea to stonewall an investigation, I don't know what other route to take. This lady simply will not leave us alone at this point regardless of the fact that she's well past her initial deadline.
    Even something as simple as having an attorney write a letter to her could turn up to be rather costly. I've contacted several paralegals, and did try for some attorneys earlier for some general advice but I simply cannot afford a lawyer at this point, which is why I'm posting on forums such as this.
    what could we as his parents do personally, to be able to get this case closed without giving in to her harassment? would a public defender be an option? I suppose a free legal clinic would be able to support us?

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Dcfs and Their Boundaries

    No, you won't get a PD unless you're actually charged with a crime.

    At some point though you need to ask yourself whether your refusal is worth remaining under their watchful eye for what may be a long, long time.

    Perhaps it would be much easier to give her what she wants and then be done with it.

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