Civil Discourse Now

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DCS part III: State tag teams to deprive rights

PART III: DCS RECAP Tonight, 9 p.m. on FB, I’ll discuss DCS a/k/a Dept of Child Services on “Mouthwash,” John Schmitz’s podcast. Just so you know, DCS can take your kid forever. The statutes were written to favor DCS & judges’ discretion is limited. 1/5

Glossary of abbreviations is helpful. FCM: Family Case Mgr; IA: informal adjustment; ChINS: Child in Need of Services; TPR: Term’n of Parental Rts. 310: DCS intake report. Steps toward TPR: 1) 310; 2) IA; 3) ChINS; 4) TPR. FCM’s are part of each. 2/5

Because these proceedings are confidential, many people are unaware ChINS or TPR exist as legal actions. A common aspect of a ChINS/TPR is a criminal investigation occurring at same time. A child can be held as hostage to leverage a parent to give a statement. 3/5

Our constitutions protect our rights. The more noble the purported reason for breaching rights, the more easily our rights are ignored. In Doyle v Ohio, 426 U.S. 610 (1976) the Court held guilt can’t be implied from invoking the 5th amendment right to remain silent. 4/5

DCS is an agency of the State. ChINS/TPR cases are not aimed at punishment of parents. That means DCS should not tag team with prosecutors. Our discussion tonight should be interesting. 5/5

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