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We’ve been watching for it all along, hoping against hope that the System would prove us wrong and somehow behave itself. But we kept watching, because we know what the System is made of.
Sure enough, it finally happened.
“Today in dependency court madness, LA County Dept. of Children and Family Services (DCFS) recommended that the court remove my client’s child from their physical custody after the parent tested positive for COVID-19. This is a non-offending parent. The judge ruled in favor of DCFS and detained.” (emphasis added)
So says a Los Angeles-area attorney in a post on Facebook last week. (We have not yet been able to confirm the case, but the lawyer’s account remains live on Facebook.)
He continues, “Let that sink in . . . DCFS is asking for children to [be] removed from their parents’ custody due to COVID-19 despite the parent making the appropriate arrangements for their child.” (emphasis added)
To be clear, right now we are talking about one child in one courtroom. The family, who we understand are working on filing a writ of habeas corpus to have their child returned, hasn’t had time yet to finish that writ, let alone file for a full appeal.
However, once there is one rotten ruling, it becomes easier for others to follow. //
To state the matter plainly, the government has no authority to remove a child from their private home simply because the child or a parent has contracted COVID-19. This is especially true if, as indicated by this family’s lawyer, the parents have made appropriate arrangements to see to it the child can be taken care of somewhere away from the infected parent.
In such instances, there is absolutely no need for the court to even be involved.
This is not—this will not be—the new normal. Under no circumstances will we stand by while innocent families suffer the humiliating and life-shattering trauma of unnecessary, unconstitutional, unconscionable separation.