Occasionally, our criminal cases involving Child Abuse, C.R.S. 18-6-401, migrate into Dependency and Neglect (D&N) cases in Douglas, Arapahoe and Jefferson County. This is a civil type case where children are taken from their parents for the "safety" of the child. While this removal decision sometimes occurs appropriately, I often see this removal by Social Services (the Department of Human Services) made to get back at parents who will not bow to their power grab.
I receive calls from frantic parents who say that Social Services has taken their kids because they refused to talk to Social Service workers. They are threatened by Social Services to admit to hurting their kids - in exchange for not taking them. This government agency is out of control and frequently takes kids from their parents unnecessarily.
In Dependency and Neglect (D&N) cases in Adams, Denver and Weld County, Social Services and court magistrates give little or no consideration to the emotional harm which children suffer when taken abruptly from their parents. Human Service workers tell me they are willing to risk this harm in order to protect kids from possible greater harm. My experience is that Social Services case workers care more about showing off their power, than caring for children. They damage kids every time they take them out of the home. What should be a last resort for the protection of kids has become a weapon used at the slightest opposition from parents.
Under the Children's Code, found in Title 19 of the statutes, C.R.S. 19-3-102 and following, a child is Dependent or Neglected in Larimer and Grand County if one of a variety of circumstances exist, usually related to parents hurting the child or keeping the child in a dangerous environment. According to this series of laws, kids should be removed from their home when there exists danger to the child's life or health. This high standard is frequently ignored.
If your children have been contacted by Social Services, be smart, exercise your right to remain silent, and call the experienced Dependency and Neglect (D&N) attorneys at the O'Malley Law Office, 303-731-0719. Together, we can protect your future.