Child Protection / DHHS

You all probably know that DHHS has a child protection division.  Its purpose is to protect children from abuse or neglect.  You also probably know that DHHS can take your children out of your home.  But, did you know they need a court order?  Did you know that  in some situations, they can provide services in your home instead of removing your children?  Did you know that you have rights during this process?  You do, and so do your children.

The Department of Health and Human Services has prepared a Handbook for Parents, which is available in both PDF and Microsoft Word formats.  It explains your rights when child protection is involved with your family.

You may also want to read Protective Custody Proceedings: What Can I do if the State is Threatening to Take My Kids? (also available as a pdf pamphlet)

Your children cannot be removed from your home without a court order.  But, DHHS can get an order from the court without telling you first.

The court will appoint an attorney for each parent whose children are removed if the parent is income eligible.  You must complete a financial affidavit with the financial screener at the court to find out if you are income eligible.

If your child is removed, DHHS must develop a permanent plan for your child. This mean there must be a long-term placement goal for your child, so he is not in foster care for years.  The first placement option that must be explored is reunification with you.  You will have to agree to and complete the reunification plan, which will probably include services for you, such as counseling or parent training.

Your child can also be heard in Court through a guardian ad litem (GAL).  The court will appoint a guardian ad litem for your child.  The GAL will let the court know what your child's preferences are and will make recommendations to the court as to what is in the child's best interest.  The GAL's recommendations may be different from your child's preference.

In some cases DHHS will substantiate a parent or caregiver of abuse or neglect but will not remove your child from your home.  This means you will be placed on the child abuse registry even though your child was never removed from your care.  You have a right to challenge a DHHS substantiation of you as being either abusive or neglectful towards your child.  Here's how:  Child Abuse and Neglect "Substantiation" in Maine (also available as a pdf pamphlet)

If you want to report abuse or neglect, you can call DHHS anytime at:

1-800-452-1999

1-800-963-9490 (TTY)