Know Your Rights During a DHS Investigation
Hello, this is Tulsa family law attorney Brian Carter with the Wirth Law Office. In this video, I’m going to explain your rights if you find yourself involved in a DHS investigation.
The Right to Be Informed
First, you have the right to be informed about the investigation. You must be given notice of it, though sometimes that notice may be delayed for safety reasons involving the child or others. You also have the right to know the reason for the investigation. Investigators may not share that immediately, often waiting until they’ve completed interviews and gathered information.
Second, you have the right to legal representation at any stage of the investigation. Having an attorney present during interviews or home visits can be very beneficial.
Your Choice to Participate
Third, you have the right to choose whether or not to participate in the investigation. Cooperation can sometimes help, but in other cases, it may not be in your best interest—it depends on the circumstances.
You also have the right to access certain information regarding the investigation, and you have the right to privacy. DHS investigations are not public records available for anyone to review. DHS may request to conduct a home visit. While that can sometimes be helpful, other times it is not. Importantly, you are not required to allow DHS into your home without a warrant.
Available Services and Challenges
DHS may also offer services such as transportation or medical treatment for children. You have the right to those services, but you are not required to accept them. Still, they are often beneficial and highly recommended.
Another right you have is to challenge DHS findings. If a substantiated finding is made against you, you can appeal. You also have the right to a hearing if your children are removed from the home. Throughout the process, you have the right to maintain a relationship with your child, even if removal occurs.
Respect and Emergency Situations
Finally, you have the right to be treated with respect and dignity during the investigation. While it may not always feel that way, the law recognizes this right. Of course, in emergencies, DHS may remove a child from the home without prior notice, but those are limited situations.
In conclusion, DHS investigations can be difficult to navigate, and deciding whether to cooperate is not always simple. But you do have rights. If you find yourself involved in a DHS investigation and have questions, we’re here to help.
Schedule Your Low-Cost Initial Strategy Session
Again, I’m Tulsa child custody attorney Brian Carter with the Wirth Law Office. If you find yourself needing assistance, consider scheduling a low-cost initial strategy session with us. You can reach us at 918-879-1681 or at WirthLawOffice.com.
