Using Your US Constitutional Rights to Successfully Fight DCF

Using Your US Constitutional Rights to Successfully Fight DCF

US Constitutional Rights

Lucy came into the office with a huge weight on her shoulders. She had many unanswered questions. Her children had been removed from her home by DCF on a very cold New England night.

Lucy heard the doorbell and answered the front door. Standing out front were four complete strangers. Two DCF social workers, who were accompanied by two armed police officers for “back-up,” identified themselves to Lucy.

Lucy’s four children were quickly taken away after a brief discussion. Lucy said the whole incident “was a blur” and couldn’t remember anything after the workers said they were taking her children. Left behind was a DCF phone number, a parent’s pamphlet, and the sad news that her children were being placed in “foster care.”

Lucy pleaded with the social worker not to take the children. This fell on deaf ears. Lucy next said to place all four children together. The social worker said, “I can’t make any promises.”

The next day after a sleepless night Lucy called the DCF social worker who did the removal and left a message. Lucy next frantically called the social worker’s supervisor. The supervisor told Lucy the children were placed in different foster homes. Lucy was stunned.

Lucy was unaware that her parental right to her children is one of the oldest protected rights by the due process clause of the United States Constitution. The Massachusetts Declaration of Rights similarly recognizes this critical legal right.

Lucy was also unaware that her children have legal rights. Many parents, like Lucy, often overlook or are unaware of their entire family’s legal rights when involved with DCF. Lucy unfortunately learned the hard way that “if you do not know what your legal rights are, you have no legal rights.” Lucy suffered terrible anguish when learning that her rights had been trampled and the protected rights of her children by DCF had been violated.

Lucy inquired into when the state can intervene and take her children. She learned that DCF may take her children when DCF, in its discretion, believes it is necessary to protect the children’s safety and well-being. Lucy could not believe how broad this action can be construed. The state of MA through DCF intervenes daily in large and small ways into families’ lives. Some examples of smaller issues that result in possible DCF removal of children include compulsory schooling requirements not being followed or failure to follow mandatory use of infant car seats.

However, the allegation against Lucy was more serious. Lucy was adamant the child abuse allegation against her was false and she had proof of this. The person making the allegation was a jealous ex. The removal could have and should have been avoided if some fact-checking had been completed by DCF, according to Lucy.

The first step of DCF intervening begins with an allegation of child abuse. Lucy lamented that she had huge regrets that she did not fight DCF from the first false allegation previously made by her ex. The numerous false allegations by her ex kept escalating and led to Lucy’s children being removed. The allegations were that Lucy was abusing prescription drugs, had a substance abuse problem, and the children were regularly left unattended at night.

Lucy explained how she fully cooperated with DCF in the past, as she felt she had “nothing to hide.” Lucy believed that once DCF saw her home, children, and lifestyle that everything would turnout fine.

All DCF decisions of state intervention are supposed to be a balance between Lucy’s right to make parental decisions for her children and the obligation of DCF to protect children. The ex’s previous allegations were never supported against Lucy; however, his newest allegations were of such a serious nature that DCF took no precautions and sought out removal until the allegations could be figured out.

Unfortunately, Lucy’s children are the victims no matter how DCF plays this case. If DCF does not remove the children allegedly being victimized, then they are liable. If they do remove the children and the allegations are indeed false, then the children are also victimized. This fine balance is a difficult discretionary call by DCF. This is not black or white, but a grey area that dominates many DCF cases.

The state law requires DCF to interpret the statutory scheme governing Massachusetts’ child protection system. State law requires the Department to protect children from harm. This harm must be caused by the “absence, inability, inadequacy or destructive behavior” of children’s parents or caretaker. State law also requires that DCF first direct its efforts to strengthen and encourage “family life for the protection and care of children.” DCF must also make efforts to assist and encourage families to use all available resources to care for their children. Lucy quickly responded that “DCF never did this for my children and now they are in different foster homes.”

This strong emphasis on family preservationist can be found in the constitutional requirements, as well as in a presumption that children are best cared for in their own homes. Lucy then asked, “Why were my children removed as this does not add up.” I agreed with Lucy. Children are better raised by their own families rather than removed at night and placed with complete strangers. DCF must make “reasonable efforts” to prevent Lucy’s children being removed from her home. This, Lucy claimed, was “not done by DCF.”

Lucy then asked me, “What happens next with DCF?” I told Lucy that DCF must also must make “reasonable efforts” to reunify the family. I explained that her children removed from their home should now be placed either back with her at the 72-hour hearing or be placed with relatives. I asked her for a list of family members, friends, and neighbors who have no criminal record or DCF involvement and have space for the children. Lucy was told that her children should be placed in a stable home. This is only temporary and NOT permanent. The law requires DCF to reunite the children with Lucy or her family as quickly as possible.

Lucy asked about foster care and its role. I told Lucy that foster care should be short-term and temporary. I further told Lucy that the state intervention proceedings should be expedited. This is because the health and safety of her children is the paramount concern in all decisions. Lucy asked about the total picture when it comes to “health.” Health includes not just physical health, but also the overall long-term well-being of her children.

Lucy admittedly told me that she was still quite confused by the “system” and DCF. I told her she has many others who feel the same way, as it is confusing.

I also told Lucy that the balancing of these multiple, and often conflicting, goals create obvious tensions. I told her when she has a question to not stress out, but rather send me an email or call me. DCF has conflicts on their cases regarding preserving family integrity and protecting children from harm. DCF also must navigate between promoting reunification while ensuring children are placed in stable, safe homes as quickly as possible. This, I told Lucy, is quite the juggling act, which at times fails parents that are not careful.

This balance has shifted back and forth over the years. In 1997, Federal Adoption and Safe Families Act placed greater emphasis on expediting permanency for children. Consequently, parents, like Lucy, are afforded less time to remedy the problems that brought their children into foster care.

Therefore, from the “get-go,” all parents involved with DCF need to get moving fast. DCF makes decisions at about nine months for certain children, depending on the age, to find the “permanent plan.” Do not wait or hesitate. Take prompt action to avoid such a solution as “termination of parental rights” and “adoption” of your children.

Kevin Seaver has been trusted lawyer since 1991. He is a recognized expert, who successfully specializes in fighting the Department of Children and Families (DCF). Attorney Seaver turns DCF negatives into positive throughout the entire Commonwealth of Massachusetts, both in-and-out of court.

Need Help Using Your US Constitutional Rights to Successfully Fight DCF?  Call Attorney Seaver or Request Online A Consultation

32 thoughts on “Using Your US Constitutional Rights to Successfully Fight DCF

  1. Butch Dias says:

    Thanks Kevin, great article. Keep doing a great work. Praying for you and your staff and family. God bless.

  2. Belle says:

    I read this and all the information provide in the Massachusetts law library to help my case. I have taken all the steps recommended. However o feel as though the bias agonist me as a person has clouded the judgement of those involved in my case. I even contacted the ombudsman and could barely get a word in while trying to explain the situation. I keep trying to get lawyers and clearly my rights and that of my children continue to be violated. But how can I argue this without representation. How can I ensure my rights will be upheld when after writing to the ombudsman and area director of DCF, no one is even willing to hear me out.? It’s very frustrating because even calling lawyers no one will let me complete a sentence before talking over me. This is why kids get taken. No one listens or cares to understand the real issues unless they are required or forced to do so. How can I make that happen without an attorney??

    • Tiffany Cerniglia says:

      I totally agree with you I feel the EXACT same way I have 5 children 13yr, 8yrs, 4yrs, 2yrs, and 4 months. They removed my 4yr old because if an injury he got on his face while playing around in the 13yr old room and falling. But they’re personal forensic investigators say it’s from physical abuse yet that is his only injury 😡 in his medical history and on his body. Now he’s in foster care we’ve been to court 3tines and I was allowed to talk one of those times and it was only to answer the judges questions about whether I agree with DSS allegations. No one will listen so me and now the Covid-19 crap has my baby indefinitely locked away from me because there’s no courts in session. I’m halfway ready to call the news outlets because he shouldn’t have been removed from us in the first place. I sent his to school just before Christmas and my baby hasn’t been home yet!

      • Kat says:

        I have had the same thing happen to me over the past 4 months With DCF, etc but without a proper investigation and without any hearings, they have told my ex who I have 50/50 legal and physical custody with to not allow my 13 year old son see me or talk to me because I yelled at him, called him a name for the first time in his life, and told him after 3 weeks of being confined at my house due to COVID that it’s time for him to go to his dads. This is back in April 2020. I was found to be neglectful without them evening speaking to me, seeing my house, or speaking to my collaterals because someone gave them my wrong telephone number and they never sent out an initial letter until a month later. How is this justice? I can’t even afford an attorney to fight DCF and my ex which are two separate cases. Unbelievable!

    • Shelly says:

      Yea darling Ann’s unless we can afford thousands and thousands of dollars that’s all a scheme by the Judges family courts Gals and yea lawyers we just lose our children and they suffer useless trama for life over a greedy cash flow from laws that need to be overturned from many years ago that are breaking our and our childrens constitutional rights & laws ! We need to go strong during election time after all electeees

  3. Jessica says:

    Hi my name is Jessica I’m on here looking for help do to the fact that DCF in Florida does not help my children or my I was with my kid’s dad for about 5 years my mom passed away in 2011 and I moved from my home town in Wi to Florida to start over so I thought that this would make him some what better but boy was I wrong he became so much worse he is very violent abusive mentally and verbally and physically so I left him about 8 years ago now we have 50/50 shared custody of our two boys he is very violent and abusive to them I have tried to call DCF numerous of times with no avail this is my last hope I don’t know what else to do please if anybody can help me I would appreciate it thank you and have a nice day

    • Unique Gnann says:

      I have an ongoing case in FL now for almost 4 years. I called DCF for help and protection for my kids and myself. They told me one to 2 weeks tops is how long my kids would be out of home. Long enough to allow my husband to get out of jail and see how his behavior was going to be and that way the kids and I weren’t alone when this happened. Like I said it’s been almost 4 years now. Not once has anyone came out and spoke to me or investigated my home, yet they all go into court and pass judgment and lies on me like I was the one in the wrong on the case. Every legal right has been violated. My owl legal counsel has spoke to me twice.thats it. My babies need justice and to come home. My daughter’s were put in the home with the same man who was molesting my daughter at 3 years old. DCF knew this and still allowed it. Now it’s happening again. They are responsible. Yet I’m the bad guy for calling the law to protect them. I need help plz someone anyone who has any information or willing to help, I’m begging for it. [email protected] 850-869+7919__850-971+5088

  4. Alb says:

    We are dealing with a case with DCF in Massachusetts took a 15 month from her dad placed her in foster care because they have to complete an investigation because his x filed a 51A they will not even allow famiky to take her you have to apply for kinship according to the DCF worker when i asked she was she said she having a hard time settling in she cries alone and wants to be held im only allowed 1 visit a month and only a 15 minute video chat how fair DCF is doing so many people wrong period

  5. C.S. MillerClifford says:

    My son 20 years ago was taken by DCF due to my addiction to crack cocaine my aunt raised him and a month before he turned 18 I relinquished my rights so that he could as an adopted child attend college for free. Because of this DCF took my baby born 08/21/2018 and have played dirty pool the whole way. I was clean and so was my child upon birth and she was 2 months early at that. They pulled neglect abuse and I asked the judge how i neglected or abused my child because born 2 months premature she was 6lbs. 2oz. and 19″ long!!! The courts signed a TPR on me in June this year because the case worker lied and said I was refusing to do my case plan, she never wrote a referral for me to do ANYTHING!!! So now i am applying to the Supreme Court any advice?

  6. Nicole eyster says:

    m Trying to find out my Rights as a person/a mother that has disabilities like bipolar and manic depression and PTSD and anxiety attacks and A fear of leaving my own home due to being in fear of something bad happening despite all of that I’m a good mother to my children and want Nothing but the best for my children And my past substance use disorder so as far as all that goes Im fighting to still being able to having my children Still in my custody Keeping my family intact instead of separation due to My disabilities along with my past history due to once again the department of Dcf failing to actually do their job and get to the bottom of the allegations like in 2008 but once again caused me to lose my children because they did not follow suit and due process and actually learn the truth behind allegations that were falsely because in fact I was not using drugs at that time or at this this time they just went on hearsay instead of following protocol and I got made as an example pretty much but in the long run it has ruined me and my children because my children do till this day are begging to come home to be with there mother and I am trying to get them Back but I’m shut down in different ways and I cannot Believe that this is happening to me I am a human being and I’m getting treated as if I wasn’t a human being or straight up as a hard on criminal murder or something For my disabilities that I cannot help I wish I didn’t have but I can’t help but also as if my rights don’t matter and my children’s rights don’t matter i’m the mother of eight children that my 11 year old gets called a liar in reference to a case that has open this year and is going on and I’m not getting notified for which is really upsetting to me but she’s 11 years old and it was something she was talking to her therapist about which led to a report being made in reference to moleststation issue that was brought up during therapy yet I was never notified in reference to my daughter getting into the Dcf system again which I have rights to her my parental rights are still intact except I’m not getting notified for anything in reference to any of my other children as far as that goes her brother molesting her when she was a little younger and Dcf told her she was a liar which in return my 11-year-old daughter tried to kill her self twice an was baker acted both times how is it that the system is failing eight children and a mother I don’t know why the system is doing this to my children and myself what did we do so wrong that we don’t deserve to be just like everybody else an get our right respected as well as with our Hipaa Rights I feel were violated due to the hospital not allowing me to Take a second test which actually would’ve been the first initiated test because I never once Peed in a cup for them during my labor and delivery Because upon arriving to the hospital nurse lady asked me do I need to use the restroom before I get hooked up on the bed and the monitors which I said yes so I went to the bathroom and emptied my bladder in the toilet and flushed then came to the room and and got hooked up to the monitors in the beginning so I was refused and they never would let me retake a test I never took in the first place and I requested it and there’s documentation of me requesting this request that I was requesting for a retest on that drug test so I was denied that chance to change my medical record that they stated it was a positive drug screen for methanphtamines and in fact later on their documents are stating nothing in reference that drug screen was. Positive for what they said it was positive for meth which was stated all over the papers in the beginning but disappeared later on I dug up what I could in print it what I could of this so I have some proof documents of it and it states no opiates in my medical chart I had back labor and went through all that pain and requested pain relief and didn’t even get that yet it also states in my medical chart that they did give me opiates Well I never received that Pain relief however the nurse came in and said she would give me pain relief and did something with my IV and put something in there and then all of a sudden pain started up my arm and through my entire body I was in severe body pain from head to toe and I asked my man to go get her and find out what the heck happened in the machine was beeping and making noise and I was freaking out and in pain Buy a document stating no. Opiates to me and I have the proof to that is a drug screen that Dcf did that day after the labor and delivery they supposedly gave me pain relief on was negative that they made an allegation to Dcf about so I’m looking for answers to what I can do I want my children back and my children are I guaranteed my three-year-old does want her mom but my newborn I didn’t even get to know him or breast-feed him and I’m a breast-feeding mother and I have always have been that but due to a past history with Dcf and that was also once again another wrong doing on their part but this is all crazy my drug screen was negative it would’ve been negative at the hospital route of retaking it however somebody jumped the gun and overstep their boundaries and made a false allegation to the abuse hotline right after they found out those results that were not mine and then it said fourth and something else into place so they were trying to cover it all up and Dcf went right along with it and made their allegations and took my children from me so I am playing out to you and hope that you help me tomorrow morning at 9 AM is supposed to be a court. To set a trial date it’s at 9 AM maybe you can call Lynn and say something I don’t know but anyways I Pleading out to you both to please help me since they started this I did that drug screen for DCF worker and I’ve passed that one I’ve passed total of three drug screens and they have yet you in this no it’s being drug out I’ve been going to court hearings and continuances and it’s just what in the heck I don’t get it why is this even going on this is not even right there trying to make a case plan stick they’ve been trying to push me into a case plan and the attorney that I have on my side is actually an advocate for the guardian at Leitem that is not even in my best interest and that is wrong they caught a pointed her to me and this is not right I know it’s not right and this is wrong in every way so please reply to my email and let me know what to do next I know that the Attorney General also sent me a thing in the mail wanted me to respond and explain what happened to them in reference I guess my Medicaid and they saw an alarm go up when they saw the price of it I don’t know what caused that letter to come through however if I had an email it might be a little easier to explain that because I don’t leave the house often so getting a piece of mail to the mailbox is not something I do and I can’t because I’m always moving around I don’t have exact address to send but I can’t get to the post office at this moment and if you can shed some light on the email address for that that would be wonderful so I can respond back to them I know it says that anybody that is actually found guilty of fraud towards Medicaid then I could get a pay out up to $500,000 I have all the proof documentation to prove that yes they were definitely find them guilty of whatever they were doing and trying to sweep it up under the rug and hide it so this is just a short summary of what I need help with I’m just trying to get it out today and I will actually be sending another email to you again and reference a little bit of a longer version of the story but this is just a quick fast email of it and this is a long one itself but the other one will be a lot longer I’ll send it probably three times back to back on each email to make sure that it is seen just OCD but thank you for taking the time to read it I hope to hear back from someone

  7. Judith Danforth says:

    Can DCF keep moving a child from foster home to foster home. I’m the grandmother. Went for custody DCF keeps posting it of. He is getting traumatized.In my eyes a child should not be punished for there parents actions.

  8. Beth Melvin says:

    My kids are currently in dcf and I have completed my case plans months ago to it’s entirety my kid’s father put his hands on me and I defended myself I have completed all requirements for my case plan the only stipulation was I needed a place to live I lived at my home 6 months and yet no kids I have done uran alisis for over a year not a single positive I worked 3 jobs to get my apartment my children have never been abused in any way they have never been harmed in my care never been ommited in a hospital in there lives untill they were placed in foster care and I sat at the hospital with them each time not the foster parents I have been the emergency contact via there school not the foster I have had my home inspection I have paid my bills and had a clean home and safe they dropped me down to face time visits instead of placing them w me.

  9. Rose Sheehy says:

    I was the one that called dcf to help me and my baby and there so jealous of the facts that I’m such a good mother clean, hard working and I put my baby first. I don’t associate with with those humiliating lifeless lazy slobs that so 400-400 punks trying to knock down hard working pretty girls. I don’t pay mind to animals like that and the thing is is that your living a life like that how and what you going to teach your child. To get high, drunk, to star at female in the shower. To walk around this world being jealous of pretty girls with a life in shape. They look real bad and all of them abuse old ladies with dimeture and children.

    • Jennifer Trempe says:

      I asked for help with my case 3 years ago. I asked my social worker to help my family. I did nothing wrong No one would help. I go before the Judge on 6/15/21 to learn if I will have life or death. I must choose if I want to see my children 1 time a year, a few phone calls, and I can send letters or risk a trial and if I lose then I will never be able to see my children. Life or death. From the very 1st day when they stole my children, cps has been doing everything they can to make my husband of 17 years look as bad as possible, and saying the most untrue and horrible******. I am living with so much pain real physical heartache, it’s the most painful experience in the whole world. CPS has destroyed my whole world, I have lost EVERYTHING ever had. (my home and everything in my home all I could take was a bag of clothes, I had no choice I had to leave it all because I had no help and no place to go. I lived in my car for the first 2 years and last year I lived in a tent in the woods alone. The pain and guilt and the cps telling us it all your fault, you will never be able to get the kids back, …… My husband just could not take the pain and the only way he could numb it was through drugs. That was the whole reason I asked cps for help in the first place. I found out he relapsed. I told cps everything. Instead of helping they just took my baby’s and left me behind. I asked to find a safe place for me and the kids to go while their dad got the help he needed. No one would help. I tried so hard to get my husband help, but it was just too much for him. Last year I found my husband of 17 years dead and he was set on fire by the people he was with, he overdosed and they panicked and burned the tent with everything we had left that was in it and my husband. I have 17 years of memory with him but all I can see is what the fire did to him. Now here I am still fighting for my family. Now it’s all about my children, I want what is best for them. I want the Judge to hear from the state and then hear the truth from me. I only want to read my statement and all I need to say once so I will have it all on record. Then I will leave it in the Judge’s hands. I trust that the Judge will do whatever is best for my children even if I will not be able to see, hear, or hold my children if the Judge thinks that is what’s best. I want my case heard, I want my case to be an example of what happened to a good family, who has done nothing wrong, to a loving loving mother who asked for help to strengthen her family, a mother who the system failed her, her whole life. I need everyone to see what happens when social workers lie and make false allegations so they can destroy the lives of so many families just so the state can get money. It was not right what cps is being able to do. Who gives them the right to do this. I already missed out on 3 years of my baby’s lives. I was breastfeeding my baby when they took her and was not allowed to even pump my milk and freeze it so my baby gets what she needed. I miss her first word, step, x- mass, birthdays, etc…… I was not allowed to be with my children when they were told about their Daddy. I can go on and on about all the things that I lost… Cps need to be stopped. No family should have to go through and feel the pain. The pain never goes away, and it never will. And no one will help me. I am so scared about what will happen when cps wins. My girls are the last I have left I will be alone. I don’t know what I have done that was so wrong that my right to be a Mommy is taken from me. I can never have more children and I still have no clue why. I have never gotten a clear reason as to why this is happening. I informed my work that I was going to talk with an attorney from Kevin Seaver and once they heard that, they came to me with an offer, before I told them that I was told they were not going to offer anything they wanted a closed adoption. I will not make deals or offers back and forth like I was selling a car. These are my baby’s, my very breathe of life. If they win then why am I here? Why is there no help for parents like me? Whatever does happen in the future I hope people will see my side and what it looks and feels like. I tell myself that the pain I’m living with every single day would have been worth it as long as it makes it so this never can

      • Andrea Heath says:

        I am so sorry for everything your family has gone through. DCF took my children because my own mother said awful things about me and they believed her.
        We have been fighting since June 11, 2021. Our children have not been home in over two months and for zero reasons.
        Do you have an update? My heart goes out to you.

      • Unique Gnann says:

        This sounds exactly like my case. How did things turn out for you? Without my kids my life is over.. I have no reason to be here. I’m dead inside as it is. I pray you had a positive outcome. Any information on getting help for my family would be most appreciative. [email protected] 8509715088

  10. Rose Sheehy says:

    I was working 45 hours a week. My baby has everything the best and bc her dad is a sick man and a selfish man look how bad dcf looks sitting there with him. They almost cracked my daughter’s skull opened 3 times laughed while they were abusing her and neglected her screaming hiding under a table scared to dead. My baby wouldn’t even go to her dad and her dad abused her for a year. My daughter will never be abused again and I will mak sure dcf never hurts another child or ripped another child away from her mature loving caring mother bc your jealous she is fit works her butt off my baby adors me and I put every penny into my baby. Dcf looks really bad for give my custody to a parent with a dirty urine of drugs and I’d still dirty. When I was the clean sober one working and in school. They wonder why kids are falling out windows eating drugs throwing chairs at teachers in dys at 8 years old. To put a baby in the environment where it’s loud drugs active use in front of her and they sit there thinking they look cool. That is tramatizing to a baby. You don’t mentally abuse a baby or a person that hen the other parent is the dirty lazy piece of crap that told me I was the idiot for not lying to dcf using a baby for an apartment and money. How could you say something like that about your own child. There is a reason there are 9 overweight jealous child abusing scum in this world then the humiliating 2 sisters that are so desperate it gross. Then that one don’t even have her own 7 year old in her care. This is what we are all talking about on this site.then you have that one law enforcement who is a crack head coke head drunk. They threw themself under the bus for thinking there so cool. All of us hard working normal parents that care about our children don’t associate with animals like that bc we want our children to succeed in life. The saddest part not one of them know me at all. I had a baby for a reason and I am so glad the world knows how good of a mother I am and I put my baby firts. You don’t walk around the his daughter orld judging or hurting inocent people bc you look really bad. Then to stoop so low and hurt a baby and a mother you look like a fool. Will have my baby back very soon she is I’ll be in a normal peaceful environment again and away from the monster animals that hurt inocent people that were working taking care of there child. Now, my education and career is on hold bc of my situation bc there that jealous of me. That is discusting and her dad will be away from her and he can go use his gfs kid she don’t have for an apartment. My baby is my life and no one will ever hurt her again. And people are starting to see how discussting and jealous a couple animals are then 2 of them bfs hit on me also in the past. We all see why they have no friends nothing to do. Who the hell wants to be hear that. My heart goes out to anyone dealing with dcf rite now. They don’t give a shit about the kids at all bc there the ones hurting these children everyday. When you tell dcf her dad hit the both of us and he is dirty for a urine and she says ok if he does it again let me know. Imagine that how is that protectingnourbchildren. Then my baby wouldn’t even go near him then you rip a baby away from her beautiful hard working mature mother bc your a jealous lifeless humiliating animal. My baby will never grow up near scum like those pervert petifile animals. I will not stop for a second and for the actions of what dcf did they will pay soon.

  11. Timothy Turner says:

    Kevin, this is a very informative article and I agree totally that DCF routinely removes children with little or no evidence. Their rules are structured to allow them to decide what is in the best interests of the children and not consider the parent’s rights. Since they frequently violate the law and their own policies but don’t often get sued, they proceed by making it up as they go. I operate a consultant service myself to assist parents in defending themselves against CPS nationwide. Perhaps we can work together someday. I’ve worked on over 40 lawsuits involving civil rights violations by CPS. I worked in the field for CPS for 20 years before that. I left because they regularly required policy violations.

    • Elisa Bennett says:

      I’ve been helping families fight DCF/CPS from here in Massachusetts as a volunteer advocate for many many years after dcf back then was called DSS removed my daughter from me and alleged munchausen by proxy and failure to thrive was my fault! I kept pushing my daughter clearly had medical issues as she was eating and being fed properly, well when my daughter turned 3 I was still fighting them but FINALLY had a diagnosis that my daughter has a rare medical disease that only 163 other ppl in the world have been diagnosed with, when DSS now DCF found out they were wrong on that they accused me of drugs which I passed all the drug tests, then when that was proven wrong they tried to use the fact that my ex was abusive against me FYI I had a restraining order on him before they even came into my life.. I was accused of horrific things and they stated them in court as if they were fact.. even long after it was proven WRONG by medical evidence you would think that I would get an apology or custody back? NOPE! they just quickly and quietly closed the case and left my daughter with my mom with temporary guardianship! I should have sued but I was 18 when I gave birth to my daughter and I didn’t know the laws and I didn’t know any better, they illegally threatened me, bullied me and lied, committed perjury falsified evidence ect

      I also should have sued them for being an abused foster care child myself who kept reporting the abuse to DSS and my worker and the foster mom would just lie and say I was lying.. I found out later on that other foster girls reported the same abuse as I did to other foster parents and their workers and nothing was ever done and this woman was continuing to be allowed foster children to abuse! For more than 10 years that I know of and probably to this day for all I know! I now have PTSD, and many many other psychological trauma caused by the events that dss aka DCF purposely inflicted on my life and my child’s..My daughter is 17 now and she is STILL medically failure to thrive as her rare condition caused weight issues and short stature, arthritis and GI issues.. My daughter was born with her rare disease yet I was punished for it! I was crucified for it! I wonder if there is a statue of limitations on any of these things and if I can still sue the department for either/or issue with the new information that many other foster kids reported my foster mother yet we were all ignored! Or that the pediatrician office my daughter went to was negligent by not checking for any medical issues and instead automatically assuming munchausen by proxy, and also they were already treating me like crap at that pediatrician’s office because I was a young mother at the time, also finding out they lied and falsified a report when they filed a 51a instead of taking my concerns about my child’s health seriously.. also by finding out that that specific doctor and even that pediatrician’s office at crown colony pediatrics are serial DCF Callers and should be looked at for the rate of reports coming out of that office vs any other Doctor! They knowingly lied in the report and knowingly filed a false report instead of doing their job and taking care of my child’s medical needs! Instead they treated me and then my mother awfully and my mom ended up moving her from that doctor’s office because of their shitty behavior at that office!! They were negligent and I think they knew it and in order to avoid anything happening to them they tried to pin it on me! This has had lifelong ramifications on me and my other 2 daughters and someone should be held accountable for it all!

    • Elisa Bennett says:

      May I ask how you started a consulting business helping families, I’ve been helping families for free for years and years fight dcf here in Massachusetts and if I could get paid to do what I do id be able to provide for my family and put more time into doing what I can to help people, I also volunteer as an advocate helping families in all sorts of other areas, landlord/tenant, DV, homelessness, ect.. and I love what I do helping people but I really need to get paid to do it! Any information on how you started the consultation business and how I could do the same could be extremely helpful.

    • Melissa says:

      I found you because you responded to Kevin Seavers article, would you be willing to help me however you can, my trial date just got pushed from December to March, I’ve never gotten a fair hearing or been able to submit my evidence. My kids have been gone for over a year over cleanliness of the home and the entire year dcf themselves said cleanliness has not been a problem, so why aren’t my children home. Now I’m getting evicted because I live in a family scattered site shelter, it’s an apartment but considered a shelter and without my kids here we’re being evicted because we have no children here now. I can explain so much more if you can Please I will owe you my soul, Thank you

  12. Holly Hamel says:

    I am a single mother of 8 children and I have just had my children ripped out of my home march 16 and been involved with them for about a little over a year they have not once yet followed there own guidelines or time frames my current Dcf case worker is very unprofessional never answer phone or replies to any messages this is the most deviating trama witching my family not been one day in 15 years not know where any of my children are until now they have cause irreparable permanent damage to all my children and remove them from a stable living home and place them into harms way with foster parents who have children running around with baseball bats and forter orients whom break my children tablets over there knees so they can’t see any pictures of me there mother whom remove from home and bring directly to there facility than places all eight small children into a room Loaded with piles of live cockroaches of which are all over wall and in piles threw out the room I have pictures from my oldest child the make my children leave there school backpack in there car so there not properly prepared for school the small kids are not given any snack or juice for there school snack time which I provided every day it is absolutely appalling to hear the way and see the way that this is being ran and as a single mom I’ve always protected my children and now I’m feeling very helpless that I cannot when they need me the most because I’m a single mother of eight I’m under scrutiny from everybody because I live within a small town and I do not have the money for an expensive lawyer to come back this DCF show they fully taking advantage and trying to run all over me illegally still awaiting 72 hearing and have not yet heard one voice from any of my children in over two weeks.

  13. Charlie Redlinger says:

    It’s incredible that any State can create a law that purposely violates the Supremacy Clause. Due Process is paramount! It’s the States that have pit themselves in the position of liable if they don’t respond or face liable for lack of due process of government kidnapping (this is Gustpo tactics). I’m retired law enforcement and had serious issues with DCF with the way they operate. A cop cannot arrest without probably cause, proven by evidence. If I did, I’m liable. DCF MUST be held to the same standard, and must call law enforcement to investigate if removal is required. DCF is not trained for this. How can DCF remove children, send to foster homes, without judication?

    • Charlie Redlinger says:

      DCF officials must be required to obtain a court order to remove children from a home, explaining in the warrant what the probable cause is for Judge’s signature. Then the warrant is followed up by judication within 30 days. This forces the Court to review the case and hear both sides of the issues. Perjury claims must be dealt with punitively, lying ex or neighbor etc. Takes less than 15 minutes to obtain court order or warrant. I’ve taken this route many times as an LEO. Cause this does not happen, more children and parents are being abused by this current corrupt unconstitutional system than not.

  14. katie says:

    hi my family is dealing with a case were the dcf worker lied to get the 51a and the court then used a tests that was falty to take our child. they have gotten a prevention order against my husband and lied to the judge saying she had no reason to contact him or his family. she had him falsly arrested 3 hours later and then emailed me the next day. now when the ten day was there she didnt call or email me but once the year one was she did and the police wont do anything about this, the only then my husband ever threatened was legal action. that is it. a bullie who for months was being a bullie and ithers know this filed a 51a on my husband for how he looked and she was wrong and the court wont give us our child back or tell us what we did wrong. im about to go to the fbi cause now that its criminal they can help us. i was hoping to have an attorney cause its now 7 weeks and our little boy should be with us. our medical assisted treatment is all we have been on and been stable for years. this case is a bullie who lies and wants to blame us cause we changed our lives. ex-cones,ex-addicts,exsentric and there just wrong and cant affoed the loss and no one cares about our family so there getting away with it.

  15. Damon A Hammonds says:

    What about I’m a non offending dad live in Reno NV and My daughter Elizabeth is
    being kept from me in dcyf foster care in the state of Washington. She
    was 10 when she was placed there and is now 11 yrs old and was abused
    and abandoned by her temp gaurdian Tori Jacobs. I’ve been fighting for
    custody of my kids from Nevada for years
    without one its been hard. I was cohersed by cps to agree to sign a form
    not to worry about wording it’s formality and assured me it’s quikest
    way to get her home. It’s been over a year they lie on what I say, the temp gaurdian abandoned my daughter over a yr ago at hospital. In Washington, I have been fighting to have custody for years. I’m capable stable with a good woman over 7 years now criminal record. My daughter is now 21 placements she’s been sexually molested by kids at foster care places, by her uncle on ex side. My ex murdered her 3 mo baby not mine and only got 3years in lacey wa Erin hammonds she’s out now and trying to get my kid. Help please

    treated right I believe my civil rights have been violated
    the dcyf CPS

  16. Helene Hagen says:

    My daughter had a baby recently at Mass General Hospital- she lives in TN and dcf won’t let her return to her home. Dcf claims baby is at risk for neglect & abuse & wants custody. They claim my daughter is a flight risk ( to go to her own home!) but they haven’t inquired about her home in TN or anything? We’re poor financially, but could pay per month something. This is kidnapping! Could someone help us?

  17. Selene Martinez says:

    State of Florida Case.Single homless mom fighting CPS took my 3 boys in January due to youngest is 11 was placed in different home a foster home older brothers together with paternal youngest is getting worse yet the keeps getting overlooked and punished instead of getting proper services and help

  18. Danyelle S McLaughlin says:

    So my rights along with what I believe to be perjury on top of the fact that they have had almost 29 workers on my case rotating out like a bad habit. The perjured on the stand and I have been discriminate against by

  19. susan says:

    My children were takeover 2 years ago via following my safety plan and my sister wanted my kids as she stated when my kids didn’t forgive her i would feel her pain. i warned the dement many times for concern after concern went ignored all while takin more access to my kids all the way to the point she was convinced she didn’t want a relationship and judge reiterated at hearing that i had such ineffective representation he blatantently insinuated i wanted my lawyer to lie. refused a continuance and the request for a news lawyer at hearing following lawers motion to withdraw him being my 3 lawyer now on 7 each withdrawng at pivotal times making my action plan compromised due to motions filed that no longer were allowed . ticking the time clock so i can’t litigate backwards. the trial lawyer was only on my case for 2 months 1 of which he thought he would withdraw. he didn’t object to anything or submit evidence including psych eval yet let the departments attorney read and use it in her cross examination. a finding of unfitness that now 10 months later after filing appeal to get findings justified the dept treatment.
    went to an appeal then my sister threw my son down a flight of stairs and ripped my daughter out of a car by her hair. 2 hospital stays 7 foster placements in 7 months daughter runaway after sleeping in the local office.. and missing persons. undue delays. and for the love of christ a possible issue with the judge as a retiring judge possible competency! now the findings of fact 10 months latter shows the complete and utter dismissal of truth and missing the real mental health issue that now they refuse to inform me of the whereabouts or current physical condition, legal status, nothing and i asked while in court. i don’t think this is ok and if it is allowed they seem to think conveience is a remedy so it is easier to replace me and lock the defiant away. abuse is abuse. and so much more but I’m not allowed to say any of this to the judge as of yet and so much more. i have changed my whole life created a stable new home for my children don’t the work but now they are trying got say its been so ling and it would be best for him to stay with this 7th foster placement because he has such a fond liking and the buy him things. says his lawyer but i can not speak. and i know she is not informing the court properly i do not know what to do or who to trust and these events are not limited to just these events and families here. benefit of the doubt that people can change would be is a constitutional issue and potentially could highlight public interest issues so they can’t be wrong right?

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