Can You Get Your Kids Taken Away for Having a Messy Home?
The Short Answer Is Yes
Yes, if your home is unsanitary enough, your children can be removed from your custody, at least temporarily, until your home is in a condition that is safe enough to house your children. While it is possible to have your children removed from a home due to unsanitary conditions or clutter, it’s unlikely that such a thing would occur outside of extreme conditions. For example, if a home is cluttered enough, there could be a fire hazard, especially if there are no pathways to the doors, or the doors are unable to be opened due to the clutter. Furthermore, while most people’s homes could always use a touch up, you’re not likely to have your children removed from the home over a few spots of dirt. However, if your home is so unsanitary that your child cannot safely reside in the home without coming into contact with hazardous material, your child could be removed from the home.
The Long Answer: It Depends
For the most part, the state wants to keep children with their families. Generally speaking, it’s considered to be in the child’s best interest to remain in the custody of their biological parents. If the parents are no longer together, it is usually found to be in the child’s best interests for both parents to share custody of the child. Because it’s considered to be in the child’s best interests for both parents to share custody, parents are often given every opportunity to turn things around in order to prevent the state from removing the child. However, if your home is so unsanitary or cluttered that it poses a danger to your child, there is a chance that you could temporarily lose custody of your children. If you are unable to resolve your home’s condition and keep the home in good condition, the state may permanently terminate your rights.
Signs a Home Is Unlivable
Animal feces typically indicate that a home is no longer able to be lived in as animal waste can transmit diseases and spread bacteria. Infestations, such as rodent infestations or insect infestations, may also indicate that a home is no longer suitable to be lived in. Mold, rot, and strong odors (particularly that of animal waste) may also be signs that a home is unsafe to reside in. In some cases, specifically when a person is suffering from compulsive hoarding, there may be rodents or dead animals in the home. This would be another indication that a home is unhabitable as the decaying corpses of animals may spread disease. Lastly, when homes are in particularly poor condition due to lack of sanitation and/or clutter, utilities such as electricity and water may no longer work. If a refrigerator is too unsanitary, there may be no way to store food.
Is Hoarding Traumatic for Children?
Children of hoarders can grow up to sustain trauma due to their parents’ hoarding, especially if they’re living in filth. Hoarding is generally the result of severe mental distress/illness and/or trauma. While it’s important to have compassion toward parents who are suffering from mental conditions and/or trauma, it’s also necessary to recognize the impact that a parent’s mental condition may have on the children living in the home. Children who are neglected or are having health problems as a result of their parents’ mental health problems may eventually grow up with trauma of their own. While hoarding may not mentally impact young children, they will eventually realize that there is something wrong and may not want to have friends over due to it.
Can You Call DCFS for Hoarding?
Yes, DCFS may be called for hoarding. If you have reasonable concerns about a child’s living conditions, DCFS may be a resource who can investigate and/or help the child and parent. However, if the child you’re concerned about is your own child, calling DCFS on your ex may not be the best option initially. DCFS will likely investigate both parents and their investigations tend to be invasive and may be traumatic for the children. It should also be noted that DCFS has a history of investigating issues other than what they were originally investigating. The point is that DCFS investigations can be very messy and, though contacting DCFS may indeed be your best option, you may want to consult with your attorney before contacting DCFS. If you have issues with DCFS, and you need an attorney, contact CoilLaw today to get started on your initial consultation.
