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To: JonDavid
I heard an attorney on Fox explaining the DCF law. He claimed that if there's a legal guardian, they need his/her permission before going in.

There's so much yapping going on, I have no way of knowing if it's true. But, if it is, the DCF can't go in without Michael's ok.
11 posted on 03/23/2005 8:12:42 PM PST by Right_in_Virginia
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To: Right_in_Virginia

Does the DCF need a parents permission before going in and dragging a scared kid out of the house based on some specious charge of so-called 'child abuse' ? Permission has NEVER been an issue in thousands of cases like that !


26 posted on 03/23/2005 8:16:28 PM PST by kingattax (If you're cross-eyed and dyslexic, can you read all right ?)
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To: Right_in_Virginia

Unless, of course, the danger to the victim is the guardian. Same story as with a parent accused of abuse.


28 posted on 03/23/2005 8:16:30 PM PST by lifelongsoldier (Qui desiderat pacem, praeparet bellum.)
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To: Right_in_Virginia

What if that legal guardian is abusing the person they want to protect? If they had the ba*** they would go in.


31 posted on 03/23/2005 8:17:11 PM PST by JonDavid
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To: Right_in_Virginia

Can't be -- the parent is legal guardian of a child and they can sure take the child away if there is abuse. They may well need court permission first, but in an emergency situation, they can pull the child and then go get permission. The restraining order is a complication, though.


33 posted on 03/23/2005 8:18:02 PM PST by expatpat
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To: Right_in_Virginia

I heard that also. I wish they had a TEAM oflawyers.

Seems like the lawyer said - once they said they need permission from MS - they backed down. How can they when they know there is so much evidence about mistreatment, not PVS.

Nothing is clear because they just bow to Greer - when they know what he is doing is not ethical. Fear is gripping them. Sad


55 posted on 03/23/2005 8:20:50 PM PST by presently no screen name
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To: Right_in_Virginia
I heard an attorney on Fox explaining the DCF law. He claimed that if there's a legal guardian, they need his/her permission before going in.

UNLESS there is evidence to believe that the legal guardian may be responsible in part or in full for endangering the life of the person in question.

From the statute itself (emphasis mine):

If the vulnerable adult's caregiver or guardian is present, the protective investigator must seek the caregiver's or guardian's consent pursuant to subsection (4) before the vulnerable adult may be removed from the premises, unless the protective investigator suspects that the vulnerable adult's caregiver or guardian has caused the abuse, neglect, or exploitation.

71 posted on 03/23/2005 8:24:03 PM PST by Critter (America, home of the whipped.)
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To: Right_in_Virginia

Bull $$$$$hit. The DCS doesn't have to wait for the guardian's approval or children would NEVER be removed from parents.


266 posted on 03/23/2005 9:41:04 PM PST by DoughtyOne (US socialist liberalism would be dead without the help of politicians who claim to be conservative.)
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