2006-07-30 08:03:02 · 5 answers · asked by roadhog 1 in Politics & Government ➔ Law & Ethics
You didn't give enough specifics to really answer your question.
Presuming from the tenor of it though, you are talking about placement/custody of a child. The answer is: maybe.
In an emergency situation, or if there is a credible allegation of abuse, the dept. of human services can temporarily remove a child from a home, even if a district court is involved. However, they can't just ignore the district court, and they must then go to court and have a court make further disposition of the matter.
Without further information, no one can answer this further. I suggest you contact your attorney who will be cognizant of the situation and can give you more specific details on your case, and according to the laws of your state.
2006-07-30 08:13:53 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
No, but they can appeal the ruling of the orders of the preliminary hearing to a higher court if they think a child is at risk.
And it depends on what they ordered!
If the court found "probable cause" at the preliminary, and has set an adjudicatory hearing and did not dismiss the petition, the state has a right to appeal the order. In many states there are mechanisms set up for these circumstances!
Say a court found probable cause that a child was sexually abused, and then sent the child home with the perpetrator, the kid is likely be re-victimized, told to shut up and the case will probably be unfounded. Now the perp has access to the child without fear of consequences because the kid has been given the message that no one believes her. Happens all the time!
2006-07-30 15:17:45 · answer #2 · answered by cantcu 7 · 0⤊ 0⤋
Department of human services can not over-rule or change court order.But they are used to make their own rules and laws because they know that very few people go to court due to time it takes.Once you go to court they will compromise with you even before you go in front of the judge.
2006-07-30 15:18:59 · answer #3 · answered by Anonymous · 0⤊ 0⤋
there are many times agencies are improper.
then you have to undo the damage.
sometimes you can call the state appeals unit I'd Fax OR MAIL ASK FOR EMERGENCY APPEAL .stop an act in its tracks.
go to legal aide or a lawyer or parents rights or someone can give real legal advice.
2006-07-30 15:31:19 · answer #4 · answered by macdoodle 5 · 0⤊ 0⤋
Completely agree with Phil.
2006-07-30 15:15:43 · answer #5 · answered by D 4 · 0⤊ 0⤋