What Are Your Rights When DFACS Starts an Investigation

Nik Fondren • Feb 07, 2024

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.

Divorce and Retirement: Protecting Your Financial Future

By Nik Fondren • 10 Apr, 2024
Methods to Prepare for Life's Biggest Decisions

The Importance of Having a Will

By Nik Fondren • 10 Apr, 2024
Protecting Your Assets and Your Loved Ones

Know Your Rights: What to Do When Stopped by the Police

By Nik Fondren • 10 Apr, 2024
Nobody wants to be stopped by the police, even when they have done nothing wrong. If you are in this situation, knowing what to do can help reduce the stress associated with this encounter. Stay calm and never act hostile toward the officers. Know your rights and what to do so the situation doesn’t escalate. Know Your Rights Most people know they have the right to remain silent during an encounter with law enforcement. You may be required to provide your name, depending on state laws where the encounter occurs, but that is it. Firmly state you wish to remain silent and stop speaking. They cannot compel you to do so once you make this statement. Furthermore, if police stop you while driving, the right to remain silent applies to any passengers in the vehicle. Passengers might also ask if they can leave during this traffic stop. If officers say they may, they should do so quietly. The Fourth Amendment of the U.S. Constitution prohibits unreasonable searches and seizures. Law enforcement officers cannot search your person, home, or car without your permission unless they have a warrant. Have them produce this warrant so you can review it. However, officers may pat you down to check for weapons. They are permitted to do so for their safety. If the officers ask to search, say that you do not consent. They may conduct this search anyway, depending on the circumstances of the encounter. This verbal statement that you do not consent to the search may become important if authorities file charges against you. When officers enter the home, they may not search without your permission or a search warrant. If they arrest you at home or work, they have the right to search the immediate area or anywhere they can see criminal activity. Pay attention to what they do throughout this search to confirm they conduct it properly and don’t overstep their bounds. Every person has a right to a criminal defense attorney in Cullman, AL . Request a government-appointed attorney if you cannot afford to hire a lawyer. Let the officers know you would like to make a phone call. They cannot listen to any calls between you and an attorney, but they have the right to listen to all other calls you make. The officers can tell you how to request a government-appointed attorney if one is needed. Handling Police Encounters Safely During any encounter with the police, stay calm. Never volunteer information, even if it seems harmless. Use your right to remain silent or only answer direct questions, never offering additional information when doing so. Never argue with officers or bad-mouth them, as doing so could change the whole tone of the interaction. If officers attempt to pull you over while you are driving, continue operating the vehicle until you reach a place where it is safe to stop. Never stop in the middle of the road or impede traffic, as doing so puts you and the officer at risk of harm. When the vehicle is stopped, remain in the car, turn on the interior light, and put your hands where the officer may see them. Ask passengers in the vehicle to show their hands as well. Provide any documents requested by the officer during this traffic stop. They may ask to see your driver’s license, registration, and proof of insurance. Before collecting these documents, let the officer know where they are located. Reaching into a glove box or under the seat may appear to be a threatening move to the officer. Letting them know that is where the documents are and that you aren’t reaching for a weapon can help to reduce tension. Never run from a police officer. Also, do not touch the officers, as any touch could be construed as threatening in a volatile situation. If officers arrest you, go willingly. Don’t resist or become combative. Doing so could make a bad situation worse. Common Misconceptions People often believe they must consent to a search or take a breathalyzer test. They feel they are required to answer questions when asked by law enforcement. A person doesn’t have to say or do anything when stopped by the police. Failing to answer questions or consent to a search may result in a trip to the police station. Let this happen and contact an attorney with your one phone call. While the trip to the station is an inconvenience, it will probably be a short-lived one once your attorney arrives. They will work to get the matter resolved and have you released quickly. Protecting the Rights of Others You may find yourself in a situation where law enforcement is handling a matter involving another individual and you are merely a bystander. Help each other out by observing this interaction and recording it if possible. Try to capture officers’ badges and patrol car numbers with the video to show who was involved beyond what can be seen in the video. Also, ask witnesses to state their names and contact information on the video. They may need to share what they saw with authorities. If the situation is mishandled in any way, contact the internal affairs department of the law enforcement agency, so they may handle the matter. In addition, share the video with the attorneys of all parties involved in the interaction if problems arise. When law enforcement officers know they will be held accountable for their actions, fewer problems typically arise during a stop or other interaction. Law enforcement officers cannot stop bystanders from recording their interactions with individuals. However, the person taking the video must not interfere with police activity in any way. If you wish to record an interaction, do so from a safe distance. Don’t hide the fact you are recording, as police officers know they do not have any expectations of privacy while on the job. However, you may need to ask those interacting with the officers if they wish to be recorded. State laws vary on whether permission is needed so it is always better to ask. A person may come into contact with law enforcement multiple times throughout their life. All parties are responsible for what happens in each interaction. Know your rights and how to handle these interactions safely and legally. Everyone must work together to keep our country safe while ensuring our rights remain protected. This is not a job for one person alone.

How to Select an Executor for Your Will

By Nik Fondren • 07 Feb, 2024
Selecting the Right Executor: Essential Tips for Your Will

5 Myths About Divorce You Shouldn't Believe

By Nik Fondren • 07 Feb, 2024
Ensure your Journey Through Divorce is as Smooth as Possible

Getting Your Affairs in Order: What To Do As You Age

By Nik Fondren • 07 Feb, 2024
Steps to Take to Ensure your Family's Security

5 Signs Your Marriage Can’t Be Salvaged and Where to Turn Next

By Nik Fondren • 07 Feb, 2024
Finding the Right Path to Take When Your Marriage Comes to a Close

Common Questions About Adoption

By Nik Fondren • 07 Feb, 2024
Common Myths and Misconceptions Regarding Adoption

The Best Offense is a Strong Defense: How to Build a Strong Defense in Your Case

By Nik Fondren • 13 Nov, 2023
Being charged with a crime is many people's idea of a worst-case scenario, but don't panic. Instead, stay calm, keep quiet, and learn how to build a strong defense.

Will Alabama Law Allow You to Relocate With Your Child After a Divorce? Steps on What To Do

By Nik Fondren • 13 Nov, 2023
Finding a better job, living in a larger home, and being in a better school zone are just a few of the reasons to move when you have kids. As complex as a move can be, it can be even more complicated when there’s a custody and visitation order after a divorce. While no one can stop someone from moving, it can impact custody and visitation, and it may be possible to be prevented from moving to another city or state. Those who are considering a move will want to understand Alabama laws and how they can impact the relocation. Before moving, some extra steps need to be taken to make sure everything is as smooth as possible and to make certain potential disruptions in parenting time or custody are minimized. What Counts as a Relocation? In Alabama, a relocation that requires additional steps is any move where the parent will be living more than 60 miles from their previous home. If the parent is moving across town for their job, to get into a better school zone, or for any other reason, the other parent may not be able to object since the location will likely be within 60 miles. If a parent moves more than 60 miles away, however, they must notify the other parent. In this situation, the other parent has the opportunity to object to the move. As long as the move is not far, the courts are generally not involved. The other parent does not get to say the move can’t occur since it is still within a reasonable distance. Of course, there may be exceptions to this if the move is not in the child’s best interest. If the move is more than 60 miles, though, the other parent can intervene and request the courts deny the move to prevent it from happening. Often, this is done if it will impact the other parent’s visitation abilities or have a potentially negative impact on the child. Parents who are concerned about whether a move counts under Alabama law can speak with a child custody attorney . This provides them the opportunity to learn more about the potential outcome if the other parent objects to the move or what they need to know to start the process. Providing Notice for the Relocation When a move is pending, the parent who is moving must give the other parent at least 45 days' notice of the move if it will be more than 60 miles away. This amount of time offers the other parent the option to object to the move in the courts and request the move be denied if they believe it’s not in the child’s best interest. If the parent finds out they will need to move in less than 45 days, they must provide the other parent with at least 10 days' notice. This may happen if there’s an emergency with the home or a parent is required to move for work. Objections to a Move The parent who is not moving does have the ability to object to it. To do this, they will need to file an official objection with the courts. At this point, a hearing will be scheduled, and both parents are required to attend. At the hearing, various considerations will be discussed to determine if the move will be allowed by the courts. It is highly recommended for the moving parent to speak with an attorney who handles Alabama family law before the hearing to get a better idea of what to expect. If the judge denies the move because they do not believe it’s in the best interest of the child, the parent will need to determine their next move. This could include negotiating visitation times to make the move more beneficial for both sides or moving to somewhere within the 60 miles that will still allow them to meet the goals of the move. It is possible in some situations to appeal the decision made by the judge, but this can take time, and alternative resolutions may be a better idea. A revised custody and visitation order may be created if the judge approves the move. This will be done to make sure the parent who is not moving is still able to be in contact with the child and able to have visitation. Depending on various factors, such as the distance of the move, visitation can still be the same or change significantly. The goal, however, is to allow the move without reducing or limiting the visitation of the parent who will not be relocating. Considerations for the Court The court will consider numerous factors when determining if a move is in the best interest of the child. Some of the factors they’ll consider can include the following. Relationship with Other Parent – They will consider how the relationship can be impacted by the move. Transportation – Whether transportation will be an issue for either parent can be a significant concern with longer distances. Parental Communication – There needs to be thought about how the parents can and do communicate about the child, especially over longer distances. Impact on the Child – Whether it will positively or negatively impact them, the effect it may have on their education, and more. Ability to See Siblings – If the child has siblings who are not moving, their chance to be together and know each other may be considered. Location of Residence – Moves out of the country may not be as likely to be approved as ones still within the US, even if the parent is planning to move to another state.  Moving to a new home can be exciting and full of opportunity, but relocating after a divorce can be a little more complicated. For those parents who are considering a move, speaking with an attorney is a good idea before making any concrete plans. This provides them with an opportunity to learn more about Alabama laws and how they can influence the move.
More Posts
Share by: