what is a dss attorney

Who is responsible for DSS legal operations?

1 day ago · DSS defies court order, denies family, lawyer access to Nnamdi Kanu. The Department of State Services (DSS) has yet again defied court order by …

How can a lawyer help with a DSS case?

Jun 17, 2016 · There are procedures that your lawyer can follow to attempt to reverse the decision of social services and appeal if necessary. Here is the speech: you have children involved. They are important, or should be. Get an attorney.

How many attorneys does South Carolina Department of social services have?

For a 72 hour removal hearing, DSS must show (1) that there was probable cause for law enforcement to take the child into emergency protective custody and for the department to assume legal custody of the child and (2) that probable cause to remains to retain legal custody of the child at the time of the hearing.

What are the principles of DSS?

Dec 15, 2012 · Graves H. Wilson, Jr. worked as a staff attorney for the South Carolina Department of Social Services in Dorchester County, South Carolina from 2005 to 2011. He now represents clients involved in DSS cases--parents, grandparents, or other interested parties. He practices state-wide and accepts cases in all South Carolina counties.

What does a DSS do?

A decision support system (DSS) is a computerized program used to support determinations, judgments, and courses of action in an organization or a business. A DSS sifts through and analyzes massive amounts of data, compiling comprehensive information that can be used to solve problems and in decision-making.

What does DSS stand for in court?

You can, but you have a battle on your hands. To sue the state department of social services (DSS) in federal court, you would have to show that they deprived you of a federal right in violation of clearly established law.Feb 8, 2022

What are DSS cases?

If you have been notified by DSS that your case has been substantiated, it means you or the named party was responsible for a child who was abused or neglected.Sep 26, 2017

How long does a DSS investigation take in NC?

Potential Outcomes of DSS Investigations Once a social worker has completed the investigative assessment, they will determine whether the allegations of abuse or neglect are substantiated or not. This can take weeks or months but usually last about 45 days.

How long can DSS keep a case open?

But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.

What happens if you fail a drug test for DSS in South Carolina?

DSS may get involved, and law enforcement may take your children into emergency protective custody. ... Failed drug tests, even for a “not-quite-legal” drug like marijuana, can result in removal of the children, loss of custody of the children, or even termination of parental rights.Dec 28, 2018

What are the 4 types of child neglect?

AnswerPhysical Neglect. The failure to provide necessary food, clothing, and shelter; inappropriate or lack of supervision.Medical Neglect. The failure to provide necessary medical or mental health treatment.Educational Neglect. ... Emotional Neglect.Dec 27, 2018

What happens when social services get called?

This is called "making a referral". The helpline team will make a report and share information with social services. They might also contact local police if the child is in immediate danger. If the helpline don't need to make a referral, they'll give you advice on what you can do or information on local services.

How long can CPS keep a case open NC?

approximately 45 daysHow long does a CPS investigation last? In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension.Oct 6, 2017

What can't CPS do in NC?

Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay. ... If you turn away a CPS worker because you feel unprepared, ask to schedule for another time.Jun 15, 2020

Who is over DSS in North Carolina?

North Carolina has a federally mandated, state supervised, county administered social services system. This means the federal government authorizes national programs and a majority of the funding, and the state provides oversight and support. The 100 local social service agencies deliver the services and benefits.

How do I file a complaint against a DSS in NC?

If a social worker is either licensed (LCSW or LCSWA) or certified (CSW, CMSW, CSWM) then one may file a complaint with the North Carolina Social Work Certification and Licensure Board. The Board may be reached by calling 336-625-1679, or emailing [email protected].

What is child protective services?

Child Protective Services is all about child abuse or neglect. Without child abuse or neglect, DSS has no authority to insert itself into your life. DSS is bound by certain principles which are set out in detail in South Carolina Code section 63-7-10.

Is a child abuse report confidential?

The identity of the person making a report of suspected child abuse or neglect is confidential. It is a criminal offense to reveal the reporter’s identity, except in certain extremely limited situations. When the report is made to DSS, DSS may identify the reporter to law enforcement for use in criminal proceedings.

What is the Central Registry of Child Abuse and Neglect?

The Department of Social Services must maintain a Central Registry of Child Abuse and Neglect (Central Registry) within the department’s child protective services unit which lists perpetrators of child abuse and neglect whose entry has been ordered by the court.

Can a court grant custody of a child?

Only the court can grant custody. But DSS can, for example, honor an existing joint custody order to place the child with a non-offending parent. If a child is in foster care, it is in the legal custody of DSS.

What is the DSS in North Carolina?

Under North Carolina law, the Division of Social Services (DSS) is in charge of investigating reports of child abuse and neglect. If you are investigated by DSS, you will work ...

How long does it take for a DSS to investigate a child abuse case?

Depending on the report, an investigation may begin immediately, or within 72 hours.

What is the DSS responsible for?

DSS is also responsible for taking appropriate action to protect children who are being abused or neglected. This does not always mean removing your child from your home. Placement of a child outside the family home is for specific, extreme situations.

How long does it take for a social worker to determine if a child is being abused?

This can take weeks or months but usually last about 45 days.

What happens if you don't report abuse?

Failing to report suspected abuse could lead to liability on their part. However, the report may also come from someone who is not a mandatory reporter.

What does Nathan Sheldon do?

Nathan Sheldon will have access to the Department of Social Services case file, which will provide more specifics of what you are accused of doing. Using this information, you can work with him to provide information and other evidence to build a defense.

Can you sign anything with DSS?

When DSS is involved, there will be paperwork they may want signed. You should not sign anything that you do not understand. Instead, Nathan Sheldon will be able to explain what these documents mean and provide advise on whether to sign them or how to fill them out.

What is a citation in community care?

When a Community Care Licensing staff, typically a Licensing Program Analyst (LPA), believes a licensed facility has not complied with a law or regulation, he or she will issue a citation or notice of deficiency. When issuing a citation, the LPA is required by law to describe the deficiency, including the statute or regulation violated and the specific area of the facility or way in which the deficiency occurred. Citations may be the result of either an annual visit, an unannounced visit, or the investigation of a specific complaint. A facility’s record of citations is available to the public and may eventually form the basis for a disciplinary action to revoke the facility’s license. As such, it is very important that licensees fully understand the appeal process and their rights.

How long does it take to appeal a citation?

Citations must be appealed within fifteen business days of the date the citation is issued. While licensees are entitled to two levels of appeal, CCLD may refuse to review an appeal that is not filed within the brief and strict time period.

Do you have to pay civil penalties for a citation?

Licensees may also be required to pay civil penalties when citations are issued. When conducting a licensing evaluation or complaint investigation, CCLD personnel are authorized to issue fines for serious or repeated deficiencies. In some cases, civil penalties can amount to an assessment of thousands of dollars, and failure to pay these fines may be grounds for the filing of an Accusation to revoke a facility’s license. Civil penalties can also be appealed, and the legal professionals at Gould, Hahn, & Reinhardt can assist you in preparing and filing a timely appeal.

What is an accusation in a facility?

An Accusation contains all of the unproven allegations of wrongdoing upon which the Department will proceed. The Accusation is a public document and is available to your clients, family members, the public at large, and all State and Federal governmental agencies.