What Are Your Rights When DFACS Starts an Investigation
What Are Your Rights When DFACS Starts an Investigation?
The Department of Health and Human Services (DHS) fills multiple roles in Alabama. For parents, one of the most relevant and often scariest of them is the Division of Family and Child Services (DFACS). The division’s mission statement is admirable in that the people working at DFACS are supposed to uphold children’s rights. Unfortunately, though, things often go awry, and investigations sometimes get brought against families that don’t deserve the scrutiny.
Parents currently facing a DFACS investigation need to stay calm and make sure their rights are being respected without appearing uncooperative. The easiest way to do that is to hire a family lawyer, but you can also get an overview of what rights parents and children have when facing a DFAC investigation below.
Accessing Documentation About the Case
People being investigated by the DFACS have the right to know why it’s happening. They shouldn’t be afraid to ask the DHS worker assigned to the case for information about what they are investigating. Parents who want to put in the extra work can even access the documentation against them by writing to the state’s Central Registry.
Refusing Entry to DHS Workers
Technically, parents under investigation by the DFACS have the right to refuse entry to DHS employees. The only exception is when there is reason to believe that the child is in danger, in which case the DFACS must ask a judge for a court order requiring access. Parents must be notified of the agency’s intention to seek a court order and have a right to attend the hearing. Only in emergencies can DHS return with a police officer to force entry without a court order.
The fact that parents have the right to refuse entry to state workers doesn’t necessarily mean they won’t face consequences. Denying entry to DFACS employees can cause them to view a family as being uncooperative, which could ultimately impact the case. When parents do refuse entry to DHS, they should be polite and respectful, asking to complete the assessment at a different time instead of becoming hostile.
Refusing to Answer Questions
Parents are not technically required to answer any question asked of them by a DFACS employee. The problem is that, as with denying entry to DHS workers, refusing to answer questions can cause additional problems for the family by making the parents look uncooperative.
The best way to handle a potentially contentious DFACS interview is to ask what the agency’s concerns are regarding the child’s wellbeing and then answer only relevant questions. If the agent conducting the interview asks questions that seem like they’re coming from out of left field, it’s OK to refuse to answer them by respectfully letting the agent know that the information doesn’t pertain to the case.
Keep in mind that the department is required to ask about prior DFACS cases. Parents can view this as an opportunity rather than a problem. If, for example, the family has addressed problems brought up during a past case, now is a good time to explain how.
Controlling Access to Children During In-Home Interviews
The DFACS has to speak with any children in the home during their investigations, so parents can’t prevent them from doing so entirely. They can refuse an interview when the agent working the case performs the home visit or request that they be present during the interview. However, exercising that right can backfire.
If a DHS worker believes that a child may not be honest with their parents present, they can request a court order to bring the child to a different location for a solo interview. DFACS workers can also interview children at school without the parents’ consent.
When there’s a compelling reason to insist on remaining present for the interview, it’s best to clarify what it is. Children with disabilities may become frightened or confused if they are interviewed by adults they don’t know without their parents present, for example. If the agent still wants to conduct a one-on-one interview, parents can request that they perform it at a local Child Advocacy Center where a mental health professional can observe.
Refusing Services
DFACS workers sometimes tell parents they need to participate in DHS services. In reality, they can’t mandate participation unless they get a judge to issue a court order. That said, the services offered by DHS are intended to address potential safety concerns, and parents can help their cases by participating voluntarily.
The exception to the rule is if a parent wants to participate in a different but comparable program. When that’s the case, they can explain the reasoning to the DFACS worker and request an alternative.
Rehabilitation programs are a good example. If a parent faces the loss of their child due to drug or alcohol abuse, the state can require them to complete rehab before reconsidering custody issues. If a parent could lose their job if forced to participate in in-patient rehab, they could propose an outpatient alternative.
Keep the Final Goal in Mind When Exercising Rights
The most important thing for parents under investigation by the DFACS to keep in mind is that their ultimate goal isn’t to hamper the investigation but to prove to the investigating agent that the claims against them are false. Sometimes, that means complying with requests that parents are within their rights to refuse. Denying entry to a DHS agent, refusing to allow a child to be interviewed in the home, or refusing to answer questions directly related to the case can all make parents look uncooperative, so exercise those rights with caution and be respectful while doing so.
If there’s one right that all parents facing DFACS investigations should exercise, it’s the right to consult a family attorney. A lawyer can offer advice and help to ensure that the state respects their client’s rights without raising concerns about non-compliance. Parents don’t have to wait until they feel their rights have been threatened. They can schedule a consultation with a lawyer as soon as the state opens an investigation.
