“Why Is DCFS on My Doorstep?”
DCFS is generally called when there is reason to believe that abuse or neglect is occurring within the home. If there’s enough information in the initial report to launch an investigation, DCFS may show up at your home. Parents should also understand that DCFS can show up at the child’s school as well and, depending on your location, DCFS may be able to speak with your child without your presence. In many states, it is common for DCFS to show up at your child’s school and speak with your child first, then show up at your home to speak with you. If DCFS does show up at your home, you can ask them why they’re there. DCFS should tell you why they’re investigating and what the allegations are. Depending on where you’re located, DCFS may not be obligated to tell you who called in the report.
“Do I Have to Talk to DCFS?”
It depends on where their investigation is. Initially, you can generally refuse to cooperate with their investigation, assuming they do not have a warrant. DCFS workers cannot magically summon a warrant without a judge and force you to answer their questions. However, they may come back with a warrant, which would oblige you to be more cooperative—usually in the form of searching your home, but more on that later. Generally speaking, you can refuse to speak to DCFS without the presence of an attorney. In some cases, refusing to speak with DCFS may be in your best interest since DCFS can use anything you say against you. While DCFS generally handles civil matters, evidence uncovered in their investigation can be used against you in criminal court as well as civil court. For this reason, you should consider getting an attorney involved whenever DCFS is involved with your family, even if the claims they’re investigating are completely baseless or maliciously fabricated. A lot of people have an ex that is more than willing to make false allegations to DCFS. While it is unlikely that your rights will be terminated over false allegations, you should still take them very seriously as they could cause a lot of harm to your relationship with your children, your reputation, and your day-to-day life.
“Do I Have to Let DCFS Inside?”
It depends on whether or not they have a warrant. You do not have to let DCFS inside your home if they don’t have a warrant—however, it should be understood that they can, and almost always do, come back with a warrant. If DCFS shows up at your home to search it and they have a warrant, you will have to allow them to search your home. Under certain circumstances, DCFS may be able to enter your home without a warrant. For example, if you open the door and the case worker can see your child in the background, and your child clearly needs emergency medical attention, DCFS can enter your home. DCFS cannot enter your home without a warrant but, if your child is in immediate danger, the case worker may be able to enter your home in order to prevent the child from additional harm.
“If I Have Nothing to Hide, Should I Just Cooperate?”
A lot of parents believe that if they have nothing to hide, then they should just cooperate. DCFS may try to position themselves as your friend, ally, or advocate. This is not necessarily the truth, and it may cause well-meaning parents to accidentally harm their reputation with DCFS. While it’s understandable why many parents believe this, it’s not necessarily true. DCFS may show up to investigate one issue then, upon entering your home, they may begin investigating another issue. DCFS caseworkers are not lawyers, police officers, or legal experts. They’re often overworked and many kids do fall through the cracks while other unsubstantiated cases are overly investigated. The point is that you should not trust DCFS to have your best interests at heart, nor should you blindly cooperate with their investigation, especially without considering all your options first. In some cases, it may be a good idea to speak with an attorney as soon as you find out DCFS is involved in your family. This is especially true if you have reason to believe that DCFS is involved because your ex is making false allegations against you.
“Will DCFS Take My Kids?”
DCFS’s goal is not to rip kids away from families. In fact, it’s presumed to be in the best interests of the children to live with their biological parents. It would be extremely unusual for DCFS to show up without warning, remove the children from the home, and terminate your rights all on the first interaction. However, in extreme cases, children may temporarily be removed from the home if there are concerns about the child’s immediate safety.
When DCFS Is Involved with Your Family
If DCFS has gotten involved with your family, you may need to speak with a family law attorney in order to ensure your family is adequately protected. At CoilLaw, our family law attorneys are professionals when it comes to helping parents advocate for the best interests of their children. Contact us today to get started on your initial consultation.
