As a parent, receiving an unexpected visit from child services can be scary.
It’s hard to know what to do. Parents are often confused and scared into making decisions that they later regret.
These decisions can cost families hundreds of thousands of dollars. Not to mention the stress they cause that can linger for years.
However, there is good news.
Parents DO have rights when dealing with DCFS (Department of Children and Family Services).
Understanding and knowing these rights can mean the difference between protecting your family and losing your children.
Here’s what we’ll cover:
- Why It’s Important to Understand DCFS Investigations
- Your Legal Rights During an Investigation
- How You Can Legally Protect Yourself
- Mistakes Parents Make
Why It’s Important to Understand DCFS Investigations
Child welfare investigations aren’t as rare as you might think.
1 in 3 children will be involved in a child welfare investigation by the time they turn 18 years old. In the United States.
Millions of children and families go through this process every year.
But here’s the kicker…
Human Rights Watch also found that more than 80% of investigations found no evidence of child abuse or neglect.
If you’re wondering how there can be so many investigations with such a low rate of findings. The answer is simple…
Anyone can call and file a report with DCFS. Teachers, doctors, and counselors are mandated by law to report suspected abuse.
Parents who find themselves in need of DCFS cases legal assistance should seek help as soon as possible. Contacting a DCFS lawyer near the start of an investigation can help you protect your rights from day one.
Your Legal Rights During an Investigation
Did you know parents have rights during a DCFS investigation?
Here are some of the most important ones:
You Have the Right to Refuse Them Entry Into Your Home
Investigators cannot force their way into your home without consent.
Unless they get a court order or there is an immediate danger to your children, you can refuse them entry. Simply tell the investigator you’re not comfortable allowing them into your home.
However, this doesn’t mean the investigation goes away.
Your investigator can return with a warrant. They can also question your children at school without your consent.
You Have the Right to Remain Silent
Parents do NOT have to answer every question their investigator asks them.
Remember. Everything you say can and will be used against you. DCFS reports are turned over to law enforcement if there is a parallel criminal investigation.
That’s why it’s crucial to have DCFS lawyers on your side.
You Have the Right to Legal Representation
Parents always have the right to an attorney during DCFS investigations.
This includes DCFS home visits, interviews, and hearings. A qualified attorney can advise you on which questions you should (and shouldn’t) answer. They will ensure DCFS follows proper protocol and advocate on your family’s behalf.
You Have the Right to Know What They Accuse You of
DCFS is required to tell parents the specific allegations being made against them.
You have the right to know what you’re being accused of. Additionally, you have the right to know why DCFS is investigating your family.
You Have the Right to Appeal
If DCFS finds your case “indicated.” You have the right to appeal that finding.
An appeal must be made within 60 days of DCFS notifying you of the determination.
How You Can Legally Protect Yourself
While you cannot control DCFS’s actions, you can protect yourself from false allegations.
Keep Detailed Records
Write down the date, time, and investigator’s name whenever DCFS workers visit your home or contact you.
You should also take notes during your interactions. Summarize what was said. Then store these documents in a safe place. You’ll thank yourself later if your case goes to court.
Get a Lawyer Right Away
Don’t wait for DCFS to contact you several times before hiring a lawyer.
Withholding information from your DCFS investigator is illegal. But that doesn’t mean you should volunteer information to them either. It’s important to have DCFS cases lawyers on your side as early as possible.
Remain Respectful But Careful
You should always be respectful to DCFS workers.
Arguing with them or allowing your children to speak disrespectfully will hurt you in DCFS’s report. It will also look bad in court if your case doesn’t get resolved favorably.
But that doesn’t mean you should blindly accept everything DCFS says.
Never sign any documents you don’t understand. Don’t agree to any safety plans DCFS proposes without consulting your attorney.
Provide Evidence That Favours You
Parents are allowed to present evidence that favours their side of the story.
You can submit documents that prove you are providing proper care to your children. You can also submit character witnesses on your behalf.
Mistakes Parents Make
There are certain pitfalls parents should avoid during a DCFS investigation.
Speaking Without a Lawyer Present
You have the right to remain silent. Use it.
Parents often feel the need to explain themselves. To tell their side of the story. And while that’s understandable, speaking without a lawyer present is a huge mistake.
Your words can be misconstrued. Your explanations may be taken out of context. Details you thought your investigator remembered can suddenly change.
Give your lawyer the opportunity to speak on your behalf first. You’ll kick yourself later if you don’t.
Treating the Investigation Like a Game
Some parents don’t take DCFS investigations seriously.
They think because they haven’t done anything wrong. The case will just go away.
That’s hardly ever how things pan out.
DCFS investigations have deadlines they must meet. If you don’t take the process seriously, you could harm your case even if you’re completely innocent.
Agreeing to Safety Plans You Don’t Understand
DCFS will often require parents to enter into what’s called a “Safety Plan.”
Safety plans can come with many stipulations. Your children may have to temporarily live with other relatives. You may be required to complete certain programs.
Before you agree to a safety plan. Make sure you understand what it entails. What will happen if you fail to comply with the terms?
Going at it Alone
DCFS investigations are legal proceedings.
They operate under strict rules, guidelines, and deadlines. If you don’t understand how the system works, you put yourself and your family at a disadvantage.
DCFS Investigation Timeline
Knowing the timeline of a DCFS investigation can help you understand the process.
DCFS has 60 days to investigate a claim and make a final determination. However, they can request an extension.
Parents must be notified of DCFS’s finding within 10 days of concluding their investigation.
If DCFS decides to remove your child due to imminent danger. They can take protective custody immediately.
But they must schedule a hearing in front of a judge within 48 hours.
Weekends and court holidays do not count against this deadline.
Parents still have rights even if their child is taken into protective custody.
During this timeframe, parents have the right to know:
- Why their child was taken
- Other alternatives to removal
Wrapping Things Up…
DCF Investigations are no laughing matter.
But parents DO have rights during an investigation. You have the right to refuse DCFS entry into your home. You have the right to remain silent.
Most importantly, you have the right to an attorney during DCFS investigations.
Remember:
- Contact a lawyer ASAP
- Keep detailed records of all interactions
- Know and understand your rights
- Remain respectful but don’t agree to anything
- Take DCFS investigations seriously
Every situation is unique. Many factors determine the best course of action for your family.
But by knowing your rights, you’re already ahead of the game.
