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  1. #1
    Join Date
    Feb 2018
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    1

    Default Not Permitted Around Children by DCS Order

    My question involves civil rights in the State of: Tennessee.

    My fiance has a dcs case with her kids father. He has temp custody at moment. I am in no way a part of why case was opened and not named on case. I was told by an attorney to not disclose anything about criminal history without a court order. A couple of property theft for felonies from a few yrs back in MA came back. They are now saying i cant be around kids due to that and the fact that I "lied" about my background. They administered the background without my consent and a court order. With it being my right to not disclose can they legally hold that against me since I was exercising my rights? And is that basis for me to sue them. They say I have no rights because I'm not the father, yet they seem to be attacking me without court order and consent.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: DCS Violation of Rights

    How have you been damaged?

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

    Default Re: Not Permitted Around Children by DCS Order

    Quote Quoting Revo865
    View Post
    I was told by an attorney to not disclose anything about criminal history without a court order.
    Is the problem here that you were asked about your criminal history and refused to answer, or that you were asked about your criminal history and gave a false answer?
    Quote Quoting Revo865
    They are now saying i cant be around kids due to that and the fact that I "lied" about my background.
    Is this simply an instruction from DCF, or is this an order issued by the court with jurisdiction over the case?
    Quote Quoting Revo865
    They administered the background without my consent and a court order.
    Your criminal history is a matter of public record.
    Quote Quoting Revo865
    And is that basis for me to sue them.
    No. You have no right to see unrelated children who are the subject of protective proceedings.

    If this is a decision by DCF with no court order, your fiancée can discuss the issue with the case worker to try to get them to permit you to be in the children's presence.

    IF this is a court order, it will be necessary for your fiancée to go back to court to try to get the order amended.

    Your fiancée should have a lawyer for the protective proceedings. She should speak to her lawyer.

    You can also have a discussion with the lawyer who previously advised you.

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