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Legal Blog

Tags >> DSS

Generally the answer is yes.  As an attorney, my answer is self serving but the only negative of having a at least competent attorney is the financial cost.  The attorney can help keep the initial interview on track and articulate for you, be able to advocate why the 51A should not be supported legally and factually, appeal the 51A to a fair hearing appeal, negotiate a fair hearing appeal and more.  If you have custody hearing it is essential that you have an experienced and competent attorney for advice and to be able to present your case and shoot holes in DCF's case.


Tagged in: When to hire a lawyer , DSS

I have been in the midst of  a long trial dealing with the issues of the so called family first policy versus possible bonds with a prior foster family.  Their have been several experts in the case dealing with bonding versus the identity issues with biological family.  This appears to be a cutting edge issues.  The ultimate decision is what is in the child's best interest and there is a legal question of how much weight should be given to kinship versus a bond with a prior none kinship family. 

Originally, the courts and DSS appeared to have a policy not favoring family in practical terms but in the more recent decades DSS( DCF) appeared to have had a policy of always looking for family first so long as the family passes a minimal standard before looking at at alternatives.  The cases are not as clear cut as the policy appears to state.  In fact there are more de facto parents rights that are coming across the court and there is litigation about what a family actually means.


Tagged in: Foster Families , DSS , Adpotion

This is a guideline to work with a DCF worker:

 1.  Be polite- offer a water, seat etc.  This is obvious but can make a big difference.

 2.  Do not be hostile-  you can disagree with their conclusions and even attitude but realize they are going to be reporting back to their supervisors and court


Tagged in: DSS , DCF , Advice