wrongly taken?

[reeree75]

What is the name of your state? georgia

my sisters kids were taken into state custody cause a counselor reported that she admiited to once doing drugs....dfacs has no postive drugs screens on her and they have taken 2 a month since september....her kids r now placed with me but i dont think they were legally taken...do they have enough evidence to take the kids? they r straight a students, who are well taken care...p.s. is there a privacy law forbidding the counslelor from disclosing such information?

 

[CdwJava]

In most states counselors have a lawful duty to report possible dangers to the children.


Let me turn this around ... suppose the counselor had NOT said anything, and suppose mom continued to use drugs or have people over that did do drugs. Let's say that the kids found the drugs and one died ... or, that mom got too high one time to care for them and one was gravely injured or ill because of that failure to care. Wouldn't you be all out to sue or charge the counselor for NOT saying something to protect the children earlier?

Yes, the above scenario HAS happened, and still DOES happen.

A positive drug test is not necessary - but it helps. And very often there is much more than JUST the claim of the child. You will not be privy to the information, however, and it's doubtful that they will tell either you or the mother all the informtaion they have. She's lucky she's not be criminally charged for child endangerment because now she has a chance to show that she is fit to care for the children without (apparently) a distraction of a criminal defense.

- Carl