Someone sent DCFS a picture that purportedly shows THC. The report and image were linked to a girl living with me. When they found out that she lives with me the DCFS then harassed and traumatized my kids with interviews. They came to my home and asked to enter, I refused to let them. This complaint was not against me. I want to see the picture. I want to know if simply receiving a picture alleged against someone else was enough basis to investigate me and interrogate my kids. I want to know if any pictures obtained were done so through legal means. The state should not be allowed to harrass like this.
The State is concerned with protecting your children which overrides your privacy issues. Confirm with local counsel.
The simple answer is "yes". The real question is, will you succeed? That all depends on the facts of the case and the extent to which your children were "traumatized". Get with an experienced family law attorney asap.
This answer is not legal advice, and does not create an attorney - client relationship. This answer is for educational purposes only.
I am sorry to see your note. This puts you in a difficult situation. However, the State is charged with the duty to investigate any situation wherein the health and safety of a child may be at risk. You raise two issues in your situation. First, does DCFS have the right to begin an investigation based on the evidence as you understand it. This may well fall into a civil rights area, and an attorney that does this type of work should be consulted. The second question is whether DCFS has enough evidence--from whatever source, to take action against you regarding custody of the children. This is obviously a serious concern and you should quickly consult a family law lawyer to think through what action to take to safe guard your custody of the children.
I don't know if the above helps, but it is a serious enough situation that I suggest you quickly get needed legal advice on the issues.
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