Clarksville Attorney for Dependency and Neglect (DCS Action)

Circumstances sometimes may arise where a child requires to be immediately removed from his or her parents’ home, entailing a probable termination or suspension of parental rights in the process. The state of Tennessee employs extremely stringent laws to deal with any Child Abuse and Child Neglect issues. The procedure involves usually two common methods – the Department of Children Services (DCS) in Tennessee brings forth a petition for terminating parental rights; alternatively, the motion for removal of a child from the parents’ residence is filed by concerned parties like grandparents, family members, and friends.

Clarksville Attorney Chase T. Smith has many years of experience of successfully dealing with various DCS claims and is a top choice for Clarksville Dependency and Neglect attorneys. Chase T. Smith has a proven track record of effectively resolving Dependency and Neglect crises. From representing family members trying to acquire guardianship of a neglected minor child, parents fighting to regain the rights for raising the children, or filing to modify any existing order – Chase T. Smith has the necessary expertise to provide a winning solution.

When DCS Proceeds to Terminate the Parenting Rights?

Mandated by the law, the Department of Children’s Services takes immediate action in terminating parental rights in the following cases that involve:

  • Severe abuse of the child or of his siblings
  • A child under foster care for 15 months in the span of preceding 22 months
  • Any abandoned infant who is aged below one year

However, there are situations where DCS may defer initiating termination proceedings when the child is taken care of by a relation, presence of convincing documented reasons highlighting why the suspension may not serve the best interests of the individual, or reunification efforts with parents have not been undertaken by DCS.

Custody Transfer of the Child to Someone but the Parent

Transfer of custody takes place to a non-parent once the child has been recognized as ‘dependent and neglected’. A dependent and neglected child has been defined by Tennessee Code Annotated §37-1-102 as:

  • Who has no parents, legal custodian or guardian
  • Whose guardian and parent is unfit to take care of the child
  • Who is improperly or unlawfully cared for or supervised, or has been unlawfully kept away from school
  • Whose parent, guardian, and custodian fails to provide necessary medical, institutional, surgical, and hospital care to the child
  • Who is suffering from neglect or abuse

The law also details further circumstances that leading to ascertaining dependency and neglect. Existence of anyone of these conditions may lead the court in legally transferring the child’s custody to someone adult other than his or her parents if it is the best interest of the neglected child. The court also considers various factors to determine whether an adult is suitable to become a guardian for the child.

If you are undergoing any issues and conflicts regarding Child Dependency and Neglect, waste no time and get in touch with us today – I am always prepared to help.

Attorney Chase Smith is a top Clarksville criminal defense lawyer  and can assist you with DCS Action.

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