I'm dealing with false allegations of shaken baby syndrome no one was arrested and I just received a call from the detective saying she called the attorney general's office and they dismissed our case.
I'm still dealing with DCF they have my daughter in a medical foster home and they are trying to keep her their when she is doing so well. She is a sick child and all of the medical paper work I have shows it! The GAL is wanting terminate my rights and I can not have that happen.
I Don't have money to afford a lawyer but I'm willing to do whatever to pay off my debt!
I can not lose my children and I plan to sue DCF and the Hospital
Please someone help me I don't know what else to do!
Family Law Attorney
If you cannot afford an attorney, the court will appoint one for you.
The fact that criminal charges have been dismissed, while helpful, does not mean that DCF cannot prove a case, as the DCF case is civil, and the burden of proof is only a preponderance of the evidence, not beyond a reasonable doubt.
DCF is immune to suit for the exercise of its child protection duties, so you will not be able to sue them. You need to get a court appointed attorney and consult with that attorney about the facts of your case. If necessary, you may need to get an expert to deal with the shaken baby evidence. There is due process money available from the state, to a limited extent, and your court appointed attorney can access it through application to the Justice Administrative Commission (if a registry attorney) and possible court hearing, or through the Conflict Counsel's Office, if you are appointed a Conflict Counsel attorney.
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Family Law Attorney
Right now the focus need to be on the dependency case. As my colleague pointed out its helpful that the criminal case was dropped, but that standards of proof are indeed different. You need to be as involved as possible with the medical care and appointments for your child. You absolutely need an attorney. If you qualify financially you will be appointed an attorney by the court, usually an attorney through the Regional Counsel's office. If the Department or GAL files a petition for termiantion it starts a whole new phase of the case. At trial they must prove several things by clear and convincing evidence in order for the court to termiante your rights. It really is not an easy undertaking and if the GAL goes it alone, its that muich more difficult. Consult some attorenys - if you'd like to do a phone consultation, I provide them at low cost.
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