148. What should I do if my spouse or someone I live with is abusing my children?
Except as explained below, the law does not require you to report the abuse to the police or to Child Protective Services (CPS). (CPS is part of the State Office for Services to Children and Families (SCF). This agency used to be known as 'CSD.') But if you believe that your children are being abused by someone you live with, you should protect your children by contacting CPS, by making sure the abuser leaves and that your child gets treatment, or by urging the abuser to report the abuse or get counseling. You may also be able to get help from Parents Anonymous, a group for parents who have been involved with abuse situations. Your phone book or your local health department will have the phone number.
Certain people are required to report child abuse. Counselors, doctors, school employees, and other public and private officials are all required to report abuse or sustpected abuse. Lawyers, psychiatrists, psychologist, and members of the clergy (priest, rabbi, minister, etc.) don't always have to report (if the law considers the information privileged).
If your children are being abused, you should get help right away. If you know that your child is being abused and you do not do anything to stop the abuse, you could lose custody of your child because of your failure to protect.
149. What should I do if someone from the State Office for Services to Children and Families wants to talk to me about my children?
If the State Office for Services to Children and Families (SCF) believes that a child is in danger, it is SCF's job to investigate the situation and to take steps to protect the child. If SCF wants to talk to you, you do not have to cooperate. If you do, you should be aware that anything you tell SCF or the police can be used against you. But you should not do anything to get in the way of the investigation. If SCF is investigating you, it is a good idea to talk to a lawyer.
150. When can the state's child protection agency take my child?
SCF's Child Protective Services (or the police) can take your child in only three cases:
151. What should I do if my child is taken from me and placed in foster care?
Try to get an attorney right away to represent you. If you cannot afford a lawyer, ask the judge to appoint one for you. You are most likely to get a court-appointed lawyer if SCF wants to have the child live in foster care for a long time or if criminal charges (like for sex abuse) could be filed. In some counties, almost all low-income parents get attorneys. If you are low-income and SCF has filed to permanently end your parental rights, you definitely have the right to have a court-appointed attorney.
152. Will there be court hearings if SCF's Child Protective Services takes my child?
Yes. The first hearing will take place within 24 hours, not counting weekends. The judge will decide if it is safe for your child to return home, or if you need any emergency services to make it safe to bring your child home. You have the right to be at this hearing and to tell the judge, by yourself or through your lawyer, why your child should or should not come home.
There will be another hearing approximately two months after the case starts, unless you tell the judge that you agree that SCF should have custody or that the court should have legal control ('wardship') of your child. The judge will also decide about plans and services for your child. You and your attorney have the right to participate at any hearings about custody and services.
Later on, there will be reviews of your child's situation. You and your lawyer can ask for a hearing at any time to try to end the court's wardship or SCF's custody.
153. When do I get my child back?
When the SCF or the judge believes that you can take care of the child. Recent state and federal laws require SCF and the judge to act quickly, either to return your child or to make an alternative plan. You will need to act quickly, too, to get your child back.
154. If SCF has custody of my child, should I cooperate with them?
Yes. SCF has two duties when it takes custody of your child: (1) to look after your child's best interests, and (2) to help you as a parent solve the problem that led to SCF taking custody. If SCF believes you have solved your problems and can take care of the child, SCF will return your child to you. Sometimes the judge can order that your child be returned to you even if SCF disagrees. You will have a much better chance of getting your child back if you work with SCF and accept their services.
155. What type of services does the State Office for Services to Children and Families provide?
– Parenting classes
– Counseling for families and individuals
– Homemaker and caretaker services
– Emergency shelters
– Emergency financial assistance
If you are working with SCF because there is a court case about your children, SCF should prepare a written service plan for your family. Ask for a copy of this plan. If the plan states that you should be getting services from SCF, ask for these services in writing and keep a copy of your letter.
156. Can I visit my child who is in SCF's custody?
You will probably be allowed to have visits, but SCF will decide the kind of parenting time that is allowed. Sometimes it is very limited. SCF may require the visits to be supervised.
157. If my child has been taken from me and placed in foster care or a state training school, do I have to pay for the child's support?
If you have enough money, you may be required to help support the child. You have the right to have a court or agency hearing if you disagree with the amount you are asked to pay.
158. Can the State Office for Services to Children and Families take away my child permanently?
Only a judge can take away your child permanently, but SCF will recommend to the judge whether or not your parental rights should be ended. If 'termination of rights' papers are filed, you have a right to a court-appointed attorney if you cannot afford to hire one.