VERY IMPORTANT MESSAGE...
IN ORDER FOR ANY ATTORNEY TO BE ABLE TO ARGUE YOUR CASE IF YOU HAVE DONE NOTHING WRONG, DO NOT SIGN OR AGREE TO ANYTHING, INCLUDING BUT NOT LIMITED TO THE PERMANENCY PLAN. AS ALL THE DOCUMENTS MUST BE COURT APPROVED, NOT SIGNING SHOULD NOT JEOPARDIZE YOUR CASE. IT WILL ALSO GIVE A GOOD ATTORNEY THE OPPORTUNITY TO ARGUE ON YOUR BEHALF. ONCE YOU VOLUNTARILY SURRENDER YOUR CHILDREN OR SIGN A PERMANENCY PLAN, YOU ARE ADMITTING YOU HAVE DONE SOMETHING WRONG AND ARE BOUND TO WHATEVER AGREEMENTS YOU HAVE MADE. AFTER YOU SIGN, AN ATTORNEY CANNOT GET THE PERMANENCY PLAN REVOKED OR CHANGED; HOWEVER, IF YOU DO NOT SIGN IT, THEY HAVE LEGAL GROUNDS TO OVERTURN OR APPEAL THE COURT'S DECISION.
Before you Talk to DCS/Resources
Please visit these sites BEFORE you talk to DCS or talk to them again.
http://www.profane-Justice.org
http://www.familyrightsassociation.com
Other Resources:
Get a copy of "A Family's Guide to the Child Welfare System", by going to http://www.gucchd.georgetown.edu or http://www.air.org/tapartnership
It includes relevant laws and helpful resources, in addition to information about your rights. DO NOT use this as an instruction manual; it is merely to give you help navigating the system. Obtain an attorney's advice from the beginning. It may cost but it will be worth it in the long run. We have found the most successful attorneys are criminal defense lawyers. Remeber: child neglect and abuse of ANY kind is a crime; being accused of such is the equivalent of being tried for a crime.
If there is already a DCS case open for your children...
1. Each caseworker is required to fill out a CS-0680, which outlines what reasons the child was removed and/or what specific concerns the caseworker has about the welfare of the child. You ARE entitled to a copy of this form. Once you know why DCS is involved, you can research and address the actual issues.
2. Also, ask the caseworker for a list specifying what “Reasonable Efforts” were made by DCS to prevent removal of your child(ren). By law, all efforts to prevent removal are to be made before the child is removed. And removal MUST be court ordered except in cases where the child is subject to an IMMEDIATE threat to their health or safety to the extent that delay for a hearing would be likely to result in severe or irreparable harm.
How to Request Information from DCS:
STEP 1:
File form CS-0559 with local DCS office via certified mail or in person.
This form can be downloaded: http://www.state.tn.us/youth/pdffiles/provider_forms/Authorization%20for%20Release%20of%20Child-Specific%20Information%20CS-0559.pdf
Specifically request: Form CS-0680; AND list specifying what REASONABLE EFFORTS were made to prevent removal. If removed for IMMINENT DANGER issue(s), these should be requested. If children not removed, need to request CS-0680 only. FOR ANY OTHER ITEMS YOU MAY WANT TO SPECIFICALLY REQUEST SEE: CHAPTER 9, SECTION 2 OF DCS POLICIES. (Link is located above: DCS Policies)
STEP 2:
If you do not receive requested documents within 15 days, file formal complaint with DCS of non-compliance. Send copies to Governor, Senators, State AG, State DCS office, anyone who will listen. Attach copies of CS-0559 and any other complaint(s) filed. You can find contact info or links to find the necessary contact info on the Complaint page of this website.
NOTE: FOIA Contact information for the U.S. Attorney General is the following:
Melanie Ann Pustay, Deputy Director
Office of Information and Privacy
Suite 570, Flag Building
Department of Justice
Washington, D.C. 20530-0001
(202) 514-FOIA
Open Records Act Informational Reference: Site:http://www.state.tn.us/commerce/911/pdf/OpenRecords.pdf
Specifically TCA 10-7-503; 10-7-504; 10-7-505; 10-7-506 (a)
Also see http://www.tcog.info to find specific items that are exceptions to Open Records in Tennessee.
Page 6 of DCS Policy, Ch. 9, Sect. 5 states: If a Birth Parent, Guardian, Surrogate or Foster Care Parent is requesting the record: a.Person requesting shall be allowed to meet with the case manager or supervisor assigned to the case and they shall have the right to a reasonable explanation and interpretation of the records. ADDITIONALLY, TCA 10-7-506 (a) states: IN all cases where any person has the right to inspect any such public records, such person shall have the right to take extracts or make copies thereof, and to make photographs or photostats of the same while such records are in the possession, custody and control of the lawful custodian thereof or such custodian's authorized deputy; provided, that the lawful custodian of such records shall have the right to adopt and enforce reasonable rules governing the making of such extracts, copies, photographs or photostats.
PER DCS Policy CH. 9, Sect. 5, states: Individuals and agencies, which believe that they have demonstrated a "need and right to know", that are denied access to confidential record information by authorized personnel may appeal within fifteen (15) days to the appropriate director, regional administrator, treatment facility superintendent/director, or authorized designee and their determination to approve or modify the decision will be final.
DISCLAIMER: This information does not constitute legal advice. It is merely information you can use to research your own case and, if necessary, assist your legal counsel in preparing the best defense.
Some other sites that will help you research your legal rights, use the information you have and that which you obtain from DCS are:
TENNESSEE DCS POLICIES AND PROCEDURES:
http://www.state.tn.us/youth/policies/
US CONSTITUTION, TENNESSEE CONSTITUTION AND TENNESSEE CODE ANNOTATED:
http://198.187.128.12/tennessee/lpext.dll?f=templates&fn=fs-main.htm&2.0
MAKING REASONABLE EFFORTS: A PERMANENT HOME FOR EVERY CHILD:http://www.emcf.org/pdf/children_makingreason.pdf
TENNESSEE LINKS ABOUT YOUR RIGHTS WITHIN THE COURT SYSTEM:
http://www.tsc.state.tn.us/geninfo/programs/CourtImprovement/CourtImprovement.htm
TENNESSEE COALITION FOR OPEN GOVERNMENT:
In order for us to direct you to specific areas in these sites, you may contact us with information about your case and we will be glad to help you narrow down the search for relevant information. Contact information is located on the Home page.
Hatch Letter for School/Daycare
In order to keep the Department of Children's Services or Children's Protective Services from questioning your child(ren) without legal representation, copy the following letter; fill in the blanks and give copies to daycare, school principal, teacher, board of education, etc.
Parent’s Name)
(Address)
(City/State/Zip Code)
Dear______________:
I am the parent of________________ who attends______________ school. Under U.S legislation and federal court decisions, parents have the primary responsibility for their children’s education, and pupils have certain rights, which the school may not deny.
Parents have the right to be assured their children’s beliefs and moral values are not undermined by the schools. Pupils have the right to have and to hold their values and moral standards without direct or indirect manipulations.
Under the Hatch Amendment, I hereby request that my child NOT be interviewed or questioned by the Department of Children’s Services or Children’s Protective Services until I have first been contacted and our attorney is present for any and ALL interview(s).
The purpose of this letter is to preserve my child’s rights under the Protection of Pupil Rights Amendment (The Hatch Amendment) to the General Education Provisions Act, and under its regulations as published in the Federal Register of September 6, 1984, which became effective November 12, 1984.
These regulations provide a procedure for filing complaints first at the local level and then with the U.S Department of Education. If a voluntary remedy fails, federal funds can be withdrawn from those in violation of the law.
I respectfully ask you to send me a substantive response to this letter attaching a copy of your policy statement on procedures for parental permission requirements, to notify all my child’s teachers, and to keep a copy of this letter in my child’s permanent file.
Thank you for your cooperation.
Sincerely,
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