What do I do when the law violates child endangerment laws?

Asked about 2 years ago - Central, Boston, MA

I know a boy who was taken from home four years ago, half his life, because his mother was a neglectful drug addict. She was given one year, maximum, to clean up her act and has since been kicked out of several rehab programs, failing to complete a single one. She came in high to the last visit. But a social worker we talked to said it is now against the law to drug test her because it "violates her privacy."

Seriously? Is that a law now? Where is that written? (Really, I want to know where.) Is there any way to keep this kid safe? Can we appeal somewhere or talk to someone? The workers in the DCF office assigned to the case seem content to look the other way. His lawyer won't return calls and has never, to my knowledge, even asked the kid what he wants and is planning on sending him home

Attorney answers (2)

  1. Robert Winford Carpenter

    Contributor Level 13

    1

    Lawyer agrees

    Answered . You can call the dcf hotline and make a formal complaint. You do not say your relationship to9 the child. The childs atty is correct to not speak with you if you are not a party to the case. A judge could order drug testing if necessary, you may not be privy to all the details of the case. Again call the hotline and I hope the child continues to be safe where ever he is placed.

    This is not legal advice until I am retained and have reviewed all facts about your situation.
  2. Karen M. Buckley

    Contributor Level 11

    1

    Lawyer agrees

    Answered . I agree with Attorney Carpenter-if you are not a party to the case, the child's attorney, and the DCF worker are not able to speak with you about the case. If you believe the child is being abused or neglected, you can make a report to the DCF hotline. If the child is in foster care, then the service plan for reunification may require the mother to be drug tested before she can seek to regain custody. Again, if you are not the foster parent or guardian, you will not be given this information. Best of luck to you and this child.

    This answer is intended for general informational purposes, and does not create an attorney-client relationship.

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