QUESTION

Problems with Social Worker (DCFS; California)

Asked on Oct 07th, 2014 on Family Law - California
More details to this question:
My social worker is interviewing my niece and nephew with leading questions, trying to get them out of our care. We pointed out that we, as relative-caregivers, haven't had our opinions represented in court and would like to, and in response she suddenly found multiple things that we were doing wrong. She has also accused me of recording her, called me "ridiculous" and "stupid" and has threatened to take the kids away when we had a complaint about Further, she has been on time to 1 meeting in our year and a half, and I have had to cancel work multiple times to accommodate her narrow schedule, and she was still late. And many times, she hasn't shown up at all. I have called her supervisor, but now her supervisor is obviously avoiding phone calls as well.
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1 ANSWER

Family Law Attorney serving Suisun City, CA at Law Offices of Russo & Prince
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I am so sorry to hear that.  You might consider retaining an attorney or filing for de facto parent status. A de facto parent is defined as "a person who has been found by the court to have assumed, on a day-to-day basis, the role of parent, fulfilling both the child's physical and psychological needs for care and affection, and who has assumed that role for a substantial period." (California Rule of Court 5.502).  If you are approved as a de facto parent, you will have the right to participate as a party in the court proceedings, you can retain or in some circumstances even been appointed an attorney, and your situation as a foster parent will be less tenuous.  You might also consider an adoption when the time is right.  With respect to the personal issues you are having with your social worker - there isn't an easy answer to this.  Clearly she is behaving poorly, but getting into an antagonistic relationship with her is unlikely to produce the change you want.  Most DFAS social workers are overworked, underpaid, and under-supervised.  You might try to develop a rapport with county counsel so that he/she may be a resource in the future.   Best of luck to you and your family.   
Answered on Oct 07th, 2014 at 12:09 PM

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