When DSS completes its investigation into new allegations of child abuse, it can, in its discretion, elect to offer treatment services to the family without filing a court case and without a court order. Such services are voluntary.
Check the DSS's website to acquire the agency's phone number. Contact information can usually be found by clicking the "Contact Us" link. Contact the agency's customer service or switchboard operator line and give the person's last name.
In some instances, the DSS caseworker's contact information is printed on the document. Although you might be able to obtain the caseworker's contact data, due to confidentiality, she cannot discuss any information related to the person's case, such as updates regarding specific issues, without prior written authorization.
A knowledgeable attorney with experience in DSS matters can either prepare and present a favorable case to the judge, or help you formulate a plan designed to facilitate reunification. How can you say “keep calm”?
But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.
Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.
Any person who is alleged to have knowingly made a false report of child abuse or neglect shall be referred to the office of the Chief State's Attorney for purposes of a criminal investigation.
about 45 daysOnce a social worker has completed the investigative assessment, they will determine whether the allegations of abuse or neglect are substantiated or not. This can take weeks or months but usually last about 45 days.
DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.
If you think someone has intentionally made a false report against you or your family, contact the police. If the police agree the person who made the report is harassing you they may decide to investigate.
If you have been falsely accused or charged with a crime you didn't commit, you need to take immediate steps to protect yourself.Get legal assistance. The first thing you need to do is get legal representation. ... Watch what you say and do. ... Gather witnesses and evidence. ... Listen to your legal defence team.
What to Do When Your Ex-Spouse Calls CPS#1. Ask What You Are Being Accused Of and Take It Seriously. ... #2. Never Submit to CPS Questioning Without an Attorney Present. ... #3. Never Allow CPS Into Your Home without a Court Order. ... #4. Be Polite But Firm. ... #5. Take Your Child to the Doctor.
Can you go to jail for false accusations? Yes, you can. People can be held legally responsible for the false information they give to police. If you've provided false information and you're worried about getting into trouble, or if someone has given false information about you, you should contact a lawyer.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.
Drive, Raleigh, NC 27603, telephone 919-855-4800. The form for filing a complaint is appended to the end of this Grievance Procedure.
Although it probably doesn’t feel like it when a stranger swoops in and takes your child, DSS has a duty to protect the parent-child relationship. The Juvenile Code, which provides the basis for DSS intervention, specifically states that the purpose of the Code is to “provide procedures for the hearing of juvenile cases that assure fairness and equity and that protect the constitutional rights of juveniles and parents.” [G.S. 7B-100 (1)]. Prior to a Court Order terminating parental rights, DSS should be working to protect the relationship between you and your child. That means that you should be named as a necessary party to any legal proceeding taking place, with the only exception being ex-parte actions—where an individual or agency tries to convince the Court that circumstances in light most favorable to the petitioner are so dire that the court should temporarily order a removal or change of custody without giving you a chance to state your side of the story. Although this may seem like a violation of your constitutional right to procedural due process, both the Supreme Court of the United States and North Carolina case law support the validity of such proceedings. Where a child’s interest in being protected from abuse and neglect is weighed against parental rights to procedural due process, the Court will almost always grant an ex-parte order so as to protect the interest of the child. The basis for this was most recently stated in Owenby v. Young, 357 N.C.142, 145 (2003), which states “The justification for the [parent’s] paramount status is eviscerated when a parent’s conduct is inconsistent with the presumption” that the parent is acting in the best interest of the child.
Once the child has been adjudicated abused, neglected, or dependent, the Court can-and often will- move to the disposition phase of the proceeding immediately. At disposition, the Judge must hear evidence relating to the child, including a consideration of the child’s needs, family and community resources available to meet those needs, the child’s best interests, the state’s objectives (i.e., a safe and permanent placement for the child within a reasonable period of time), and any alternatives that may be applicable by statute. Although you may feel that your child is doing just fine in your care and custody and that there are no threats to the child’s welfare, DSS WILL show up with evidence to the contrary. An attorney can analyze your situation and defend against the claims that the DSS attorneys will make regarding where YOUR child should be placed.
That you know any possible action which DSS may take, including petitioning the court to remove the child in order to ensure safety and protection.
Terminating rights is the most severe—and most permanent—form of state intervention that DSS may use to protect the interests of the child. DSS has an obligation from the initial contact with you to work towards reunification with you and the child.
As a party to the juvenile proceeding, you are ENTITLED to procedural due process, proper service of process (being summoned to Court), notices of all legal proceedings involving the child, and fair, unbiased verdicts from the Judge. Further, you have the right to meaningful participation in the proceedings against you. You’ve probably heard at some point in your life those famous words borne from Miranda v. Arizona, 384 U.S. 436 (1966): “You have the right to remain silent. Anything you say can and will be used against you in a Court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you.” You should ABSOLUTELY retain an attorney or request that one be appointed to you prior to going in front of a Judge regarding your parental rights.
If a Court adjudicates that your child has been abused, neglected, or become dependent, you are stuck with that decision. The threshold for challenging such a finding is a “clear abuse of discretion”, and those claims are rarely successful. It is CRITICAL that you work with your attorney from the very beginning to prevent such a holding.
Those obligations to you include: That you be treated in a courteous and respectful manner. That you know DSS’s legal authority and right to intervene in cases of child abuse, neglect, or dependency. That you know the allegations of abuse, neglect, or dependency reported at the first contact with DSS.
At hearing on the merits, DSS must prove its case by a preponderance of the evidence. South Carolina Code section 63-7-1650 and 1660. In an action for termination of parental rights, DSS must prove its case by clear and convincing evidence.
The burden of proof by which the DSS attorney must prove that child abuse or neglect occurred is relatively light, and he only has to convince one person, the judge. And the judge, if he makes a mistake, will most likely err in favor of protecting the child. So you tell me.
The probable cause hearing must be held within 72 hours of the removal, excluding weekends and holidays. If DSS can show probable cause, a low threshold, the court must order the child into the “physical and legal custody of DSS.”. If DSS cannot show probable cause, the family court must order the child returned home.
If the danger to the child is such that there is no time to apply for a court order, a law enforcement officer will be called to the scene. The officer on the scene must make an independent decision that removal is indicated and take the child into emergency protective custody.
The identity of the person making a report of suspected child abuse or neglect is confidential. It is a criminal offense to reveal the reporter’s identity, except in certain extremely limited situations. When the report is made to DSS, DSS may identify the reporter to law enforcement for use in criminal proceedings.
Anyone suspecting or knowing of child abuse or neglect should report that to DSS or law enforcement.
The identity of the person making a report of suspected child abuse or neglect to any agency, such as law enforcement or DSS, must be kept confidential by the agency receiving the report and may only be disclosed in special circumstances. It is a crime to reveal the name of the reporter.
However, if the family rejects these voluntary services, DSS will most likely file a court case and ask the court for a formal finding by the preponderance of the evidence that the accused perpetrator did , in fact, abuse the child.
DSS must make its decision that the report is “unfounded” or “indicated” within 45 days of initiating the investigation. The DSS director may extend this time once only for an additional 15 days, but only if the director finds good cause and documents the extension in the case file before the 45 days expires.
However, the law essentially provides that (1) if the family court has already made a determination before the appeal is filed that the person is responsible for abuse or neglect of the child, the administrative appeal is not available; (2) if the family court reaches such a determination after the initiation of the appeal, the department shall terminate the appeal upon receipt of an order that disposes of the issue; and (3) if a proceeding is pending in the family court that may result in a finding that will dispose of an appeal, DSS shall stay the appeal pending the court’s decision.
When DSS completes its investigation into new allegations of child abuse, it can, in its discretion, elect to offer treatment services to the family without filing a court case and without a court order. Such services are voluntary. However, if the family rejects these voluntary services, DSS will most likely file a court case and ask ...
A person determined to have abused or neglected the child may appeal an indicated finding which is not being brought before the family court for disposition. This administrative appeal is made to DSS and must be scheduled and conducted in accordance with the department’s fair hearing regulations.
DSS’s loose interpretation of the law appears to my mind to be an illegal interference with an accused person’s constitutional right to appeal. The necessity of seeking out competent legal counsel when involved in any type of DSS investigation cannot be overemphasized.
DSS will in all cases attempt to trump the appeal by filing a court action in response to the appeal, i.e., after the appeal is requested. Note that in #3 above, there must be a pending court case before DSS can stay the appeal.
To serve large populations of individuals and families needing services, a case worker is usually assigned to handle individual client cases and records for a specific caseload of people. If you need to locate a person's DSS caseworker to report an issue or for other matters, resources are available to assist your search.
Contact information can usually be found by clicking the "Contact Us" link. Contact the agency's customer service or switchboard operator line and give the person's last name. Ask the representative for the name and contact information for the caseworker assigned to individuals with that particular last name.
Contact the agency's customer service or switchboard operator line and give the person's last name. Ask the representative for the name and contact information for the caseworker assigned to individuals with that particular last name.
Although you might be able to obtain the caseworker's contact data, due to confidentiality, she cannot discuss any information related to the person's case, such as updates regarding specific issues, without prior written authorization.
Review the original paperwork associated with the individual's case, if she gives you permission to view the information. In some instances, the DSS caseworker's contact information is printed on the document.
No, they cannot talk to you directly. All communication has to go through the lawyers in order to protect your rights and attorney-client privilege.
That is correct - he should not be talking to you without your attorney's permission.
The DSS lawyer is correct. A party who is represented by counsel cannot be contacted directly by opposing counsel unless that party and opposing counsel expressly authorized direct contact.
Connecting with a dispatcher: When you first contact social services, you will be connected with a dispatcher, who is only trained in accepting reports. They will not be able to investigate the matter themselves nor provide you with any specific information.
And less than half of child abuse cases will never be reported because neighbors, friends, and relatives are often too nervous or afraid to contact social services and stop the abuse. Some worry they will break the family apart, especially if they are wrong, while others fear retaliation from the abuser.
In less severe cases, the caseworker may offer counseling, training, and other family support services to the abuser. In more severe cases, the victim may be removed on a more longterm—but still temporary—basis until the abuser can demonstrate that they are fit to regain custody or guardianship again.
A determination by the agency: After completing the initial investigation, the caseworker will discuss their findings with their superior, and the two will work together to decide if abuse is apparent and what should happen next. The caseworker may return for another, more thorough investigation if social services determine this is necessary.
If social services believe there is no abuse: If social services determine that no abuse took place, nothing will happen to the family. The caseworker may visit once more for a quick interview, or they may not visit again at all. The family will then receive a letter clearing them from any wrongdoing, and social services will officially close the matter. The report and ensuing investigation will not become a part of the alleged abuser’s criminal record.
Most agencies investigate reports of child abuse and neglect within 24 to 72 hours (depending on state laws).
If the parents are not the abusers, the dispatcher will also ask for the parents’ information. Provide as much information as you can, even if you think what you know is irrelevant. The more information you offer, the better chance social services has to stop the abuser.
CPS reports are confidential and there is no legal way to find out who made the complaint. Most people, however, have a pretty good idea who made the complaint. usually, the first time CPS looks into these things and finds them to be false they are more reluctant to believe them the next time they are made and eventually they stop bothering people.
The identity of the referrer is supposed to be confidential. DSHS is supposed to black out the referrer's identifying information when releasing its records through public records requests. However, when I get DSHS records, the names and other information about referrers are often clearly visible...
Federal legislation gives a general definition of abuse, but some critical details vary from state to state. While you might not know those details, the trained social worker responding to the call certainly will.
Per Chapple, Los Angeles County DCFS receives about 200,000 calls a year but only investigates about 150,000 of them. It’s not because there are too many calls and not enough resources. It’s because the workers are trained professionals who know when a report requires action.
And both Chapple and Smith say many cases aren’t reported because callers worry about retaliation from unfit parents who may also be unfit humans. Most states, however, allow those calling child protective services to report cases anonymously.
If you hear or witness something that seems to be putting a child in immediate danger, call the police. Full stop. Per Smith, many callers tend to confuse Child Protective Services with law enforcement. “We’re not in the punishment business,” says Smith. “We’re in the business of keeping kids safe in their homes.” It’s the job of the authority, not CPS, to investigate calls of abuse or neglect.
When there is evidence of abuse, you need to contact Child Protective Services immediately. But Chapple says you shouldn’t pick up the phone if your claims don’t meet the above criteria. For instance, just because you suspect a father was drinking doesn’t mean he actually has been abusive to a child. You will need to have something semi-substantial to be of service.
Several states threaten legal repercussions for false alarms about child abuse. But you don’t have to worry about them if you call in good faith — even if you make a report in error. Those rules are in place to discourage people with a grudge from using child services as a weapon.
A mere accusation can send a family into disrepair . And the last thing anyone wants is to make an incorrect assumption that breaks up a family or pisses off a parent. Ellen Smith , a Clinical Associate Professor and Child Welfare Training Coordinator at the University of Wisconsin, knows this impulse all too well.