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Can the Department of Social Services take children in NC if the parent refuses to press charges against someone?

It is an abuse case and the parent does not want to press charges against the other party. Parent is afraid that DSS will take the children.

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Attorney answers (2)

Reputation Level 19
CPS will look at whether a parent is capabale of protecting their kids. I do not know what the facts of your case are, but it is going to depend on the circumstances. It sure does not look good if someone abused kids and the parents did nothing.
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Reputation Level 7
The Dept. can remove the children if it has enough information to believe that the child is in immediate danger. If the abuser is still in the house or has access to the child then I would think it necessary to remove the children. If the abuser is no longer in the house but the offending parent (parent who knowingly allowed for abuse to happen) is, then it would be a judgment call for the Dept. Either way the Dept. may be able to substantiate abuse/neglect/ or dependency in a court hearing.
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