Yesterday Dept of Child Services gave custody to me and my family (brother and sister) my sisters adopted daughters child. Now this morning child services return to my home telling Us we have to turn my nephew back to them because I have a 23 yr old DUI, which has been dismissed. I have never been in trouble since. Thats the only time in MY LIFE I ever been in trouble.
It can be taken as a factor among many others, but likely not. If you think its possible, consult with an attorney here on AVVO.
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Hire an attorney, mainly family law to see what can be done.
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DCFS is required to have an AFSA approved relative placement (adoption and safe families act). If you have a DUI conviction that was later dismissed, you may be able to request a waiver. The exemption process should have been explained to you by the social worker. If DCFS is not being cooperative with helping you through the exemption process, you may need an attorney.
That sounds just plain silly. Even a conviction of that age should be waived. If you had a drinking problem - there would be more recent problems.
You need to consult with a JUVENILE DEPENDENCY ATTORNEY. Now!
A family law or criminal attorney will not have the information you need to deal with CPS.
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