How to Get Custody of Children Back From DCS in Tennessee

In Tennessee, the Department of Children's Services (DCS) receives and investigates allegations of child abuse and neglect. According to the DCS, minors can be placed in its custody if the minor is found to be delinquent, abused or neglected, or unruly. Delinquent or unruly minors are usually placed in the custody of the juvenile justice system, while abused or neglected minors are placed in protective foster care. Regaining custody of children from DCS requires cooperation with the department and lifestyle changes.

Instructions

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      Consider getting legal representation. A lawyer or social worker with your best interests in mind can help you navigate the system and protect your parental rights. Be aware that this may cost a significant amount of money, though there are pro bono or free options available on a limited basis.

    • 2

      Provide your child's case worker with all medical, school and other records as requested in a timely manner. During the intake process you will be asked to release pertinent information to the department. Cooperation likely will make the process smoother and faster.

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      Prepare for your home visit and meeting. At some point after custody is lost, the department will schedule a home visit to investigate your child's living situation. You will be required to be present and should take all necessary and appropriate steps to ensure your home is a safe and healthy environment for your child. This includes stopping any and all potential illegal activities and maintaining a sanitary home. After the home visit, DCS will schedule a meeting with a social worker and your child. You should be present and prepared to answer any and all questions. At the meeting be prepared to show proof of employment and financial stability. You should be able to demonstrate the ways in which you have changed since DCS took custody.

    • 4

      Maintain contact with the social worker throughout the process. Update any pertinent information such as health insurance, address and income and be sure to visit your child as much as possible.

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