You all probably know that DHHS
has a child protection division. Its purpose is to protect children
from abuse or neglect. You also probably know that DHHS can take your
children out of your home. But, did you know they need a court order?
Did you know that in some situations, they can provide services in your
home instead of removing your children? Did you know that you have rights
during this process? You do, and so do your children.
The Department of Health and
Human Services has prepared a Handbook
for Parents. It explains your rights when child protection is
involved with your family.
You
may also want to read Protective
Custody Proceedings: What Can I do if the State is Threatening to Take My
Kids? (also available as a pdf
pamphlet)
Your children cannot be removed
from your home without a court order. But, DHHS can get an order from
the court without telling you first.
The court will appoint an attorney
for each parent whose children are removed if the parent is income eligible.
You must complete a financial affidavit with the financial screener at the
court to find out if you are income eligible.
If your child is removed, DHHS
must develop a permanent plan for your child. This mean there must be a long-term
placement goal for your child, so he is not in foster care for years.
The first placement option that must be explored is reunification with you.
You will have to agree to and complete the reunification plan, which will
probably include services for you, such as counseling or parent training.
Your child can also be heard in
Court through a guardian ad litem (GAL). The court will appoint a guardian
ad litem for your child. The GAL will let the court know what your child's
preferences are and will make recommendations to the court as to what is in
the child's best interest. The GAL's recommendations may be different
from your child's preference.
In some cases DHHS will substantiate
a parent or caregiver of abuse or neglect but will not remove your child from
your home. This means you will be placed on the child abuse registry
even though your child was never removed from your care. You have a
right to challenge a DHHS substantiation of you as being either abusive or
neglectful towards your child. Here's how: Child
Abuse and Neglect "Substantiation" in Maine (also available
as a pdf
pamphlet)
If
you want to report abuse or neglect, you can call DHHS anytime at:
1-800-452-1999
1-800-963-9490 (TTY)
