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temporary protective custody

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whiskers4527

Guest
What is the name of your state? wyoming
state statues say that this custody shall not exceed 72 hours (14-3-2(c)) 81 hours passed before we were even allowed to see a judge only to be told the judge who this case was assigned to was not available, to come back later. our children were taken without just cause anhd now the dept. of family services wont release them. we were charged with neglect yet the reports states that our children were healthy, reasonably clothed, and happy. how do we make the justice system abide by their own laws?

when the officers arrived at the house, i answered the door. they asked for my spouse so i went to get her. when she opened the door, they walked in without invitation, stating "you know who i am and you know what i do, so lets cut the bull****, where are the drugs?" we had no idea what he meant. then he said he he was there on a complaint for the safety of the children and needed to see them. he and another officer then proceeded to search our house. when i questioned them about this they said they weren't searching,, just having a look around.

was that legal?
 
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stealth2

Under the Radar Member
It sounds as tho the cops were tipped off to drugs in your home - were there? Or do they have good reason to suspect there have been?
 
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whiskers4527

Guest
friend from the past

a friend of my girlfriends from ten years ago showed up that night drunk after the bar closed, took our baby out of our bed and started yelling at my girlfriend about using drugs. my girlfriend is a recovering addict, but has never had drug charges brought against her. last year her ex roommate was raided by the police under suspicion of a meth lab. all they found was a pot pipe. that cost the state 1.2 mil for nothing. ever since then they have been rather rude to her. there were no drugs in the house. all of our kids are well fed, educated and loved. they were in no way neglected. the report from dfs confirmed as much. her friend left our home and then called the police. they have no evidence to support their claims, violated our rights, took our children, and now wont return them unless we jump through hoops
 

stealth2

Under the Radar Member
Unfortunately, they really do have the power to do this, especially if there is even a suspicion of drugs. I would suggest getting a lawyer ASAP, and jumping through any and all hoops they require.
 
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whiskers4527

Guest
they have the power to do this based on the word of a drunk? and what about their own laws?i understand the concern for the childrens safety, but after seeing their was no cause why wont they return our children? who makes them adhere to the law? or do we have two sets of laws? one for the people and another for those who are supposed to help protect us from circumstances such as these. our children have been taken and they dont understand why. who protects them from the mental and emotional abuse they are going through now? who is going to take responsibility for the damage caused by these actions? are we guilty until proven innocent? if we are, fine, but why punish my babies!
 
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whiskers4527

Guest
we went before a judge 81 hours after they took our kids, not counting the weekend hours. the judge we saw was not the one assigned to the case so no decision was made exept to leave the kids in the care of the state, despite the report made by dfs that our children were not in a bad home, nor neglected. they then handed us paperwork stating we were being charged with neglect. we still have no idea when our hearing will be.
 
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ChristinaR

Guest
Like Momma Tiger said
Unfortunately, they really do have the power to do this, especially if there is even a suspicion of drugs. I would suggest getting a lawyer ASAP, and jumping through any and all hoops they require.
I hope your working on getting an attorney right away?
You will not get the kids back unless the Judge releases them from the care of the State.

Keep in contact with protective services, Always be pleasant and never show frustration or anger over this situation, You want to show them you are willing to do whatever it takes to get the kids back as any concerned parent would be.

There will be a hearing usually fairly quickly, The judge I'm sure will want drug tests done, If you don't have anything to worry about then offer to do a follicle test it will show months back which is usually enough proof that no drugs are or have been present.

They can keep the children in the system for a year, so you might also want to think about a relative who could foster the children instead of a children's home or unknown foster parents.
 
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