HRS, NOW KNOWN AS THE DEPARTMENT OF CHILDREN AND FAMILIES: CAN THEY REALLY DO THAT?

 1. When I went to pick up my children from school, I was told that the Department of Children and Families had "detained" them; what does that mean, what can I do?

      The Department of Children and Families, formerly known as HRS, is charged with protecting the State's children from abuse, neglect and abandonment. When a report or complaint is received at the abuse hotline, the report is treated either as an immediate report or a 24-hour report. A counselor from the Department must investigate the report within two hours if it is an immediate, in other words, the child is considered to be in immediate danger. The counselor must conduct a preliminary investigation. The investigation is conducted by seeing and interviewing the child, taking the child for a medical evaluation, if necessary, interviewing the person who reported the abuse, and interviewing the person who allegedly abused the child. The counselor may take additional steps when conducting this investigation; however, he or she is not required to interview the alleged perpetrator of the abuse before deciding if the child will be removed from the parent or parents. The Department may detain or place the child with a parent, grandparent or other relative, a friend of the family, or in emergency shelter care (foster care). The parent is entitled to a hearing within 24 hours of the detention to determine if the Department had "probable cause" or a sufficient legal basis to remove the child.

2. I have been served with a Petition for Dependency which says that I abused my child. What do I do?

      Every parent is entitled to an attorney in a dependency action. If the parent cannot afford an attorney, the court will appoint one to represent the parent. After the petition has been filed, the court will conduct an arraignment hearing. At that hearing, the parent will admit the allegations in the petition or deny them. If the parent denies the allegations in the petition, the court will usually order the parents and the Department to go to mediation. At mediation, the parents and the Department will attempt to resolve the case without going to trial. If the case is not resolved at mediation, the court will conduct a trial. It is the responsibility of the Department to prove to the court that the parent or parents abused, neglected, or abandoned the child. If the Department is unable to prove its case, the court will dismiss the petition, and the parents will be able to take their child home. If the court finds that the Department has carried its burden of proof, the court will order the parents to comply with a case plan to regain custody of their children. A case plan is a legal document that tells the parents what tasks they must complete before custody can be returned to them. Often those tasks will include, parenting skills classes, anger management classes, maintaining stable housing, maintaining stable, legal employment, and paying child support for the child.

3. My children were removed from my custody about 10 months ago. The Department has filed a Petition to Terminate Parental Rights. Will I lose my children forever?

      The Department must make a recommendation for the permanent placement of a child who has been out of the parent's care for a year. One of the Department's choices for permanent placement can be the permanent termination of parental rights, which allows the child to be placed for adoption. In general, if a parent has failed to comply with the case plan for one year after the child's removal, the court will consider terminating the parent's parental rights. The parent is entitled to a court appointed attorney if he or she cannot afford one. If the court terminates the parent's rights, the parent has the right to an appeal. An appeal is a process during which a higher court reviews the record and transcript to determine if the presiding judge followed the law and applied it correctly.

 4. My granddaughter has lived with me for years. Every time my granddaughter's mother is released from prison, she comes and takes the child from me. When she returns the child, usually a week or two later, the child is sick, dirty, and has lice. I have called the Department, but they won't do anything to help me. What can I do?

      The Department of Children and Families files most dependency petitions. However, any interested person may file a Petition for Dependency alleging that a child has been abused, neglected or abandoned. The private petitioner will have to prove to the court that the parent has abused, neglected or abandoned the child or that the child is at risk of abuse, neglect or abandonment.

5. My children were taken from me several years ago. They live with their paternal grandmother. Now that I have a job and a place, since I'm their mother, can't I just go and pick them up?

      No, once the court places children with a relative, non-relative, or in foster care, a court order is required before the child may return to the parents. Before a child can be returned home to a parent, a motion must be filed with the court, and the court must find that it is in the child's best interest to be returned home to the parent.