Questions Related to Child Welfare

Q. A person wants to take custody of his/her sister’s children so that they can be safe. The sister has a drinking problem due to which his/her sister and brother-in-law are having problems at their residence. The youngest of the three kids does not belong to his/her brother-in-law. How can this person get custody of the children?
It is very difficult for one to obtain custody of the children without the parents’ consent and that too by taking away the parental rights. However, if one is able to prove abuse against the children or prove that the parents are currently unfit to care for their children one may get custody. Alternatively, one may talk to the parents and convince them to allow the children to stay with the person for a short period of time.

Q. Is it possible that the Indian Child Welfare Act be used in the State Family Court in the event that a Native American is petitioning for custody of a child born outside of the marriage?
It is highly possible that the Indian Child Welfare Act was formulated to apply to a Native American child. Its application will depend on the case details and the final decision will be taken by the court.

Q. Is it possible for child welfare services, with the help of the police, to take custody of children by forcefully entering one’s home? They do not have a warrant?
The police may forcefully gain entry to a home, without a warrant, if they have reasonable doubt that the life of a child or a person is in danger. Likewise, if the child welfare services have reasonable doubt that the children in a residence are in danger, they can take custody. One should take note that exceptions are present on how the warrant can be used.

Q. Consider a situation where the ex-boyfriend of a capable mother is making child welfare allegations. The ex-boyfriend is the kind of a person who wishes to be controlling and intimidating. The mother does not want false and incorrect information to be told to the daughter regarding her. What options does the mother have to cease this?
One may employ an attorney who can demand in writing that the ex-boyfriend cease and desist from making false allegations or that a defamation of character case would be filed. Listed below are four aspects to defamation:
1. A false statement of fact about another
2. An unprivileged publication of that statement to a third party
3. Some degree of fault, depending on the type of case and
4. Some harm or damage
Defamation by written, printed, or otherwise published word is libel. Defamation by spoken word is slander.

Q. A person wants to get the grandkids back from state custody, but is being refused due to him/her being a part of the child welfare case 16 or 17 years back. However, he/she completed the required classes and had abided by all the instructions before getting back custody of his/her children. Now, his/her son’s children are in state custody. Can she get the custody of the children?
Child protection agencies are very stringent with respect to the policies and individuals with a previous violation may not be able to get child custody. Only a court order will help one to gain custody. Therefore, one should hire the services of an attorney and show to the court that no complaints were received against oneself after the old violation was cured.

Each and every child has a right to have a happy childhood and should be raised with love and care. Child welfare systems try to ensure that this right is safeguarded by formulating and implementing a host of services for the child’s safety and wellbeing. You may ask family lawyers for more information on child welfare

Related Articles - child welfare, child welfare services, endangering the welfare of a child, child welfare policy, child welfare system, what is child welfare, child w,

Email this Article to a Friend! Receive Articles like this one direct to your email box! Subscribe for free today!