Mom has custody of child (3 months old). Case was opened due to mom being prescribed Suboxone while pregnant. Dad is in the picture, is a sex offender due to dating a 15 yr old at age 18. DCF put in service plan that dad could see child with mom and one other adult present. After one month (per "supervisor") worker is now stating she wants DCF supervised visits only for dad. Mom does not agree, DCF states they will take ":action" if she does not agree. Mom is in an independent housing program, has beautiful apartment, case manager, counselor, support, clean for over a year, great mom. Dad has counselor, documented clean urines for last 2.5 months, good support, great dad. Should mom agree to this new plan? What are the chances they can actually get custody of the child?
Child Abuse Lawyer
It is gratifying to see a program director concerned about her client's interactions with DCF. As Atty. Golden suggested, you and your client should consult with your client's care and protection attorney. The client should not be signing service plans without consulting with her lawyer.
Her lawyer should have a better sense than we do of what the possibilities are of DCF getting custody if the client doesn't agree to DCF's insistence that dad have only supervised visits as well as how to prevent DCF from getting custody if the client chooses to resist DCF's demand and DCF is not willing to renegotiate it.
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Criminal Defense Attorney
Dcf can - speak to supervisor, regional director or its ombudsman
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Criminal Law (all misdemeanor & felonies in District and Superior Courts), Drunk Driving and Drug arrests, Sex Offenses, SORB, Crimes involving Violence or Theft, Domestic (Divorce, Child Custody, Alimony and Child Support) and Family Law (Modification, Contempts & Paternity), Juvenile Law, Domestic Violence and Restraining Orders, Business Law, Personal Injury claims, Probate Law (Guardianships, Conservatorships & Estate Administration) and Legal Malpractice. For these and other areas, contact me. NOTE: This preceding message DOES NOT create an attorney-client relationship. It is not a protected or confidential communication. The statements made herein are not to be interpreted as representations or warranties of any kind. No reliance should be placed on the statements made herein. It is recommended that the recipient(s) should undertake their own research to reach their own opinion. The writer does not accept professional responsibility on this matter. TO CREATE an attorney-client relationship REQUIRES a signed retainer/fee agreement along with a retainer fee that must be received by my office.
Elder Law Attorney
Assuming that you're an attorney, I strongly suggest that you contact the local CPCS office and strategize with an experienced attorney in the CAFL unit.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.