WHEN GEORGIA DFCS COMES KNOCKING
A Clients Guide of what NOT to do
Prepared by Alton B. Johnson
Attorney at Law
1.
Do
not engage. Often when a DFCS worker pays you a visit, they are there to
inquire about an unsubstantiated report from an “anonymous source”. The purpose
of their visit is to attempt to substantiate or not substantiate the
allegation. Typically, they will take one of two approaches when they come out
to see you. The first approach is to present themselves as caring members of an
agency that is there to “help” you with your family issues. They often attempt
to befriend the parent or guardian and ask you to disclose all of your dirty
laundry. They may talk of programs that exist for families such as yours and will
often appear to be an understanding “ear” to help with your problems and family
issues. Remember, although they may appear to be “friendly” to you, they are
there to do a job and anything you disclose WILL be used in a court proceeding
if that day comes. The other approach is
the “fast and firm investigator” who is there to hold you to account for
allegations of abuse or neglect. This approach often involves hidden threats of
a criminal action possibly being taken against you, placing you in the position
of feeling like you can cooperate or “else”. Often people feel that if they
cooperate, DFCS will understand that the allegations are not true. The bottom
line is simply this: Do not get taken in by either investigatory technique. Typically,
if DFCS has substantiated grounds to remove your child(ren), they will do so
immediately without the need to talk to you. The important thing to remember is
that YOU are the number one source of information which DFCS uses in a Court
case. The bottom line: Be firm but polite and tell DFCS that you are not going
to discuss your family problems or issues with them until you can speak with an
attorney.
2.
Do
not agree to take a drug test. What many fail to realize is that requests by
DFCS to take a drug test are just that: requests. Unless there is a court
order, YOU DO NOT HAVE TO TAKE A DRUG TEST. Do not agree to voluntarily take a
drug test. Many feel that they will be absolved of allegations of drug use if
they agree to a drug urine or hair follicle test. That is a risky approach.
Many over the counter drugs and prescription medications will test positive for
cannabis or methamphetamine. The science is not as accurate and reliable as
many believe. The tests do not distinguish between legal medications which will
test positive and illegal narcotics which will also test positive. DO NOT TAKE
THE RISK VOLUNTARILY. Evidence of methamphetamine and/or cocaine use are
presumptive signs of abuse and/or neglect. A positive test result for these
drugs could be enough to justify removal of your child and place you in a
position of having to show “clear” screens for a period of six months. Do not
let your family’s wellbeing rest upon a test that may, or may not, be accurate
and reliable. NEVER, UNDER ANY CIRCUMSTANCES AGREE TO A HAIR FOLLICLE TEST,
3.
Do
not argue with DFCS. Parents who argue and use inappropriate language in their
discussions with social workers paint themselves in a corner as possibly
violent and irrational. Social workers are often viewed in our society as “protectors
of children”. They are considered reliable and neutral parties who have no
interest in giving false testimony. In many cases this is true. In some cases,
it is not. If you offend or threaten a social worker, you can bet the entire
department, and ultimately, the court will view you as an irrational “hot head”
who is likely to physically abuse a child or spouse. Again, be polite but firm.
Do not engage until you have spoken with an attorney who specializes in family
dependency cases.
4.
Be
careful and wary of “community providers” which DFCS may refer you to. In any
situation in which personal information is being shared with a counselor or
mental health provider, remember to always ask the question: Who is paying
these people? If at all possible, retain your own providers for assessments and
evaluations. DO NOT SIGN HIPPA WAIVERS (HIPPA is a federal law that protects
your medical information and prevents providers from sharing your information
without consent). Often the HIPPA waiver is presented in a “stack” of paperwork
that you “have” to sign. Often without the time to read the documents and
seldom with an attorney present. Do not voluntarily submit yourself to any
evaluations.
5.
If
your child is taken do not try to talk or cooperate with DFCS in an attempt to
convince them to return the child. Loss of custody of a child is one of the
most heart rendering and emotionally challenging event a parent or custodian
can face. Very often people are so emotionally overwhelmed that are willing to
do anything to get their child back- up to and including bearing their soul and
airing their dirty laundry in the baseless hope that DFCS will return the
child. IF your child is taken by DFCS, IMMEDIATELY seek the assistance of a
qualified and experienced attorney who specializes in dependency matters. YOU
CANNOT CONVINCE DFCS TO CHANGE THEIR MIND!
6.
Court:
IF your child is taken by DFCS, you will be going to court on very short
notice, typically within 72 hours (Preliminary Protective Hearing or PPH). It
is critical that you obtain counsel as soon as possible. If you cannot afford a
lawyer, the court will provide you with an attorney, typically this appointment
occurs on the day of court and places both you and your attorney at a grave
disadvantage. DFCS and their attorney are fully prepared to go forward with
their case against you (especially if you failed to follow the advice listed
above). You and your lawyer are not! At best, you will be compelled to request
a continuance or waive the hearing altogether. The decision to waive the
initial hearing is a critical one, if you followed the above recommendations,
there may a chance at success. The initial hearing tends to be a free for all
in which all evidence is admissible against you: statements made by witnesses,
opinions of social workers, and all allegations are presented to the court with
little or no substantiation. The evidentiary threshold is very low. The only
issue at this hearing is whether or not it was more likely than not that the
allegations occurred which would justify a reasonable person (judge) to issue
an order to remove a child. Hearsay is admissible in this hearing. Also, the
odds are pretty high that the same judge who hears everything bad that can be
said about you (without actual proof) will also be the same judge who will hear
the entire case.
7.
DRESS
FOR COURT! Do not come to court wearing a tee shirt and blue jeans. Remember,
you are being accused of mistreating or failing to properly care for your
child. Do not fit the stereotype of a inferior parent/custodian. Goodwill and
other thrift stores sell dress shirts and slacks for as little as $2.00 to
$5.00. Dresses for women are also very affordable. Remember, often assessments
of people are made based upon their initial appearance. Often these first
impressions are difficult to overcome. Do not make your case more difficult for
your lawyer by wearing a “beer” tee shirt. This is not the time to make
political statements or show the world you live a carefree alternate lifestyle.
Leave the body piercings off. Wear long sleeve shirts to hide your tattoos if
possible. Do not fit the preconceived notion of an abusive parent. IF you are a
man, wear a tie if possible. You want to present yourself as a respectable
member of the community.
8.
BEHAVE
IN COURT! Do not giggle, laugh, joke, or otherwise engage in conduct that could
be interpreted as disrespectful to the court. This is not the time to practice
new comedy material or express your disgust for the “system”. You may very well hear untruths and exaggerations
made about you. Do not roll your eyes, do not make verbal outbursts. NEVER CUSS
IN COURT. You are being judged as a parent or guardian. You are in the
spotlight. You are being observed. Be the type of person in which a judge would
have a hard time believing is unreliable, uncaring, or lacking as a parent. Do
not give your lawyer an impossible task of helping you by behaving like an
idiot in court.
9.
When
testifying, remember you have the right to take the protections of the Fifth
amendment of the constitution. If inquiries are made of illegal activities, you
do not have to answer. The court may draw inferences from your refusal to
answer such questions, but that is better than out and out admissions of such
activities on the record.
10.
If
a court order is entered, follow it! Often the terms are not so difficult that
they cannot be achieved. Parenting classes, obtaining stable housing, getting a
job, anger management classes, and other services are very easy to accomplish
with a minimum modicum of self-discipline. Remember, the bottom line is getting
your child out of foster care. IF you are a good parent, you should be willing
to do whatever is necessary to have your child returned to you. DO NOT USE
DRUGS OF ANY TYPE if there is a court ordered case plan!
In
summary, this is a very basic guide for parents and custodians who are faced
with allegations of abuse or neglect. The most important thing a parent or guardian
can do is obtain legal counsel at the outset. If a social worker is paying you
a visit, an allegation has already been made. They do not have to disclose
their sources or even tell you why they are there. Often the visit ends well
with no loss of custody of your child, sometimes it does not. Is it worth
risking the loss of your child to foster care? Although an attorney may cost
money, ask yourself what your child and your reputation in the community is
worth to you?
Copyright 2017
by Alton B. Johnson
