Sam Schoenfeld's Answers

My childs school called DCF on me stating that the child had told them that i beat him with a bat.

Atty. Rich is right on target with his answer. Although it feels intrusive to have the government question your child and for the school to allow that, they have no choice. The school is a mandated reporter and must report suspected chld abuse. If DCF's investigtion is supported, they could keep your case open and/or bring you to court. You should be careful about what you say because the police may have already been notified. If your son has emotional difficulties to the extent that he...

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What is the difference between a hospital getting rogers order and getting rogers guardianship?

There is no such thing as a Rogers guardianship although any authorization to treat someone wiht antipsychotic medications where the person is not competent to make such decisions must have a Rogers monitor appointed. The monitor reviews the medication plan and reports to the judge about compliance with the treatment (medication) plan. It is possible for someone's appointed guardian to also be appointed that person's Rogers monitor. You do not provide enough facts about the restraining...

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Should my child adjudicate himself as a child in need of services at a CHINS hearing?

I agree with Atty. Foley that you should speak with your son's attorney but you should be aware that your son may eventually be placed in DCF custody. If he has the diagnoses you mention in your question, there really should not be a CHINS truancy petition issued against him, because the law requires willful refusal to attend school. This does not sound willful to me. You should seek an attorney as there are many complex issues surrounding this case for sure.

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Can you help me with a guardianship issue?

If you have minor mental disabilities then you should not be under a guardianship. Your parents will have to locate trained mental health professionals to sign off on a statement that you are unable to care for yourself. Do you have any professionals who believe ypu can take care of yourself? You can ask the judge to limit the areas of the guardians' authority over your affairs. This is one way to give you more independence and provide protection you might need. Since you could not...

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Is it legal for school officials to search a minors pockets and backpack without a parent present??

There are many issues in this situation, too numerous to discuss in a publicly posted response. Schools still punish marijuana possession when possession of less than 1 oz is no longer a crime (in MA) and by law, can not be used as an "excuse" to punish in other areas, such as school. Lockers can be searched based on reasonable suspicion and parents do not have to be informed in advance. It would make sense for you to make a written request for all your son's school records, incluidng...

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I WAS REPORTED TO DCF I BELIEVE IT MAY HAVE BEEN BY THE POLICE FOR FAILING TO COOPERATE,NOW DO I HAV TO SUBMIT A DRUG TEST

It is not clear from your question whether or not DCF has filed a care and protection petition in the Juvenile Court. This is a request for temporary custody because your child or children are deemed to be at risk of abuse or neglect. If they have not filed this petition, it is more likely they will file if you refuse the drug screen. Once the case is opened with the court, your failure to undergo screens will be held against you. If you decide to undergo a drug screen, even if it shows the...

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I need good advice.. we were having troubles with our 13 year old daughter and asked for help , now its like punishment.

DCF really can not deny custody to you under a voluntary services agreement although they can remove services you might want if you do not cooperate. IF DCF has not filed a care and protection petition, you continue to have custody of your daughter and can take her back. It is a different story if DCF did file a petition in court and temporary custody was granted to DCF. In this situation, if you could not afford a lawyer, a lawyer would be appointed for you. If your income exceeds certain...

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Do I need an attorney for a misdemeanor assault and battery charge?

This is a time that you and your son should be careful. Even if invited by or pressured by the school to tell his side of the story, he should respectfully decline to do that. He may eventually be charged in juvenile court and if found responsible, beyond a reasonable doubt, he will be adjudicated delinquent. Therefore, as the other attorneys mentioned, he should not speak about the incident with anyone. He may face suspension or school expulsion. It sounds to me that he may have been...

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Regarding a CHINS in Massachusetts court for my daughter

The mistake in the name on the CHINS summons will likely not stop the case from going forward. Your daughter will get a lawyer appointed and you will get a lawyer if there is any chance that the outcome could be that she would be placed in DCF custody. Note that the standard for a CHINS truancy matter is willful refusal to attend school. If the doctor's notes establish that there is a medical condition preventing attendance, this is not willful. As a practical matter, most judges merely...

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Children in custody of mentally ill mother

I agree with Atty. Golden on 2 counts: first, your facts are not entirely clear so it is difficult to provide general guidance and second, if the kids are in danger you contact the Wisconsin equivalent of Massachusetts' DCF. If you believe all are returning to Massachusetts soon, you can also contact DCF in Massachusetts. Lastly, you can appear in court on May 18 and express your concerns to the probation officer and the judge. More information is needed...

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