Legal Question in Family Law in California

Authority of the Department of Children and F amily Services

How can the DCFS remove children from their biological grandmother based on accusations they can't and don't prove and without filing any type of petition alleging the unfitness of the biological grandmother who has raised all of her grandchildren some of whom are still in the grandmother's home?


Asked on 8/16/03, 3:48 am

3 Answers from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: Authority of the Department of Children and F amily Services

It is difficult to answer the question without more information. The DCFS should provide a written reason as to why the child was taken out of the home. Usually, if there is a grandparent raising the child, the child is probably too unruly for the grandparent to handle the child and DCFS takes over. Remember, the DCFS is trying to do what is right for the best interests of the child. I have a feeling that the DCFS was alerted to the situation by a close relative or family friend who thought that it was the right thing to call them. But, what ends up happening alot of the time, decent kids get caught up in the governmental beurocracy and can't get out until they become an adult. The problem stems from how the DCFS was notified and became involved in the matter. Obviously, somebody had to call them and alert them to the situation. The DCFS will also provide guidelines to place the child back in the home or with another family member. Contact the DCFS and they will provide you with the steps necessary to reunite the child with the family. Good luck and thanks for inquiring.

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Answered on 8/17/03, 2:53 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Authority of the Department of Children and F amily Services

if you can give me more specific details, i may be able to assist you in this legal matter promptly.

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Answered on 8/16/03, 6:27 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Authority of the Department of Children and F amily Services

The situation that you describe is very unusual. In most cases when DFCS take children from a home they take all of them. The exception would be when a child is 18 or nearly 18 years old.

You may wish to resubmit your question with additional facts, such as the ages of the children taken, the ages of the children left in the home, the relationship of the children to each other, and the stated reason for removing the children.

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Answered on 8/16/03, 2:51 pm


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