What is the name of your state? Illinois (pike county)
I am not sure if I am in the right forum, I considered family law also, but settled for here because my case is being heard in juvenile court.
I am married and have 5 children. In March DCFS came to my home because of a complaint that my 3 and 5 year olds were in street. I live in a very small town of about 100 people. The DCFS investigator came in the house, kind of forcefully. My house was a mess because I work nights, and my husband has a hard time keeping up with 5 kids and house. Anyway I voluntarily opened a case. He agreed to keep the children in the home with us. About a week later he returned with a caseworker for us to work with. He told us the house looked much better. He said I had to follow case plan or loose my kids. My septic system was backing up. I explained to him it had been backing up in back yard for many months, and I asked the landlord to fix it several times with no response. Finally it started backing up in the tub. I went to my landlord two more times. The investigator told me I had to leave the house immediately with the children or he would take them due to health risk. He told me I could not come back until he received clearance from the health dept and he contacted me. So I left with children. He never contacted me, so I called him and left messages that he didn't return. So I called health dept and they said it was fine to go home. So I called the investigator and left another message that I received clearance from the health dept and I was going home.
About another week later, the caseworker came over. She complimented the house also. This was a Friday. She said she would return on Tues to do case plan. Well she never showed up, she never called, and never wrote..
Than around the second week of June, the investigator showed up on a Thurs. My husband, myself, and 4 of my 5 children were not home. My brother-in-law was here with my 6 year old. The investigator from DCFS showed up. He walked right in the house without permission and proceeded to search my house, even opened desk drawers. I now know he was there to take my children. He left a message for me to call him, so I did. He told me he would be over and talk to me tomorrow, he never showed. He than came Saturday afternoon at 3:30. He said some more complaints were called in about kids being unsupervised, which is absolutely not true. And some other allegations I won't bother with now.
He took2 of my children to my mothers and 3 to my sisters. I than had the 72 hour hearing on Monday morning. I had no lawyer, and the judge said that was ok we could go on. Well, I felt like I had no choice, how could I speak up? It was hard but I thought at least they were with family.
In the meantime, my mother said she "couldn't handle it" so my sister took all the kids. Now she says she "can't handle it" She has my 11 year old, but the others are all in foster homes, one is even in another state.
My questions. On Monday July 17th I have a status hearing. I don't know what I'm allowed to do. I do have a attorney, but he is always to busy for me. I want some questions answered. I feel like I didn't get to say anything at the 72 hour hearing. Plus I want to know why was DCFS not repremanded for not coming back when I agreed to work with them. If they had none of this would have happened. Also, I thought to take the children you had to have a warrant or feel the children are in imminent danger? How could he say there was imminent danger if he left my daughter here on Thursday, and didn't come back until Saturday? Why was he allowed to search my home when I wasn't there? I want to know if I would be allowed to ask for them to come home and make DCFS follow through with their plan. My children are in bad shape away from home. They were hysterical, and wanted us. And that is when they were with my sister. They have never even been with a babysitter. We were very devoted to them. They were not physically, sexually, or mentally abused in any way. This is going to scar them for life, for a dirty house? This is not punishing me, but them. My daughter is mildyly mentally retarded and she was just starting to open up with her teacher and other children, and was finally progressing, now she'll have to go to a new school. And my 5 year old is starting kindergarten in another state. Can I say anything to get them home Monday. What are the laws?? Maybe request an emergency hearing if I can't do this at a status hearing. The judge even told the guardian at litum he had to visit kids before court monday the 17th, and as of Friday the 14th he hasn't. Someone needs to look out for them. They need to be home. I'll work with DCFS if they come home. I don't care if DCFS comes over every single day three times a day! ( I mentioned the whole thing about the septic in the first paragraph because he used this against me in court. Saying I let the kids play in raw sewage. I never let them near it!!! I bathed them in kitchen sink. Plus when he was at house he said I know it is not your fault, that I had a slumlord, and I need to move. He also said DCFS would help me with deposit and first months rent. But in court, a whole other story!)
Please someone help me, I am desperate and so are my babies.
