Unfortunately, some families have the stressful experience of a social worker or other professional coming to their home unannounced to investigate an allegation that a child is being mistreated or cared for improperly.
This can be the result of a legal action, an anonymous report, or as a result of marital discord. It even happens to parents who cannot recall ever demonstrating problematic behavior around their children.
While these investigations are essential for protecting vulnerable minors, understanding a father’s rights during this process can protect men from avoidable mistakes. Understanding parental rights, collaborating productively with social services agencies, and seeking legal representation are all important during this process.
Here is how you can advocate effectively for the well-being of your children while also protecting your parental rights to encourage fair treatment during investigations.
Understanding Child Welfare Investigations
Much of the stress surrounding visits by child welfare agencies stems from not knowing what is coming next. Parents assume that one wrong answer will lead to their child being taken away, but this is rarely the case. Here’s how child welfare investigations typically unfold.
Because Maryland child-protective investigations are not required to document the name of the person who makes a complaint, some families may be blindsided from a visit that was called for by an unknown stranger. The process usually proceeds as follows:
- Child Protective Services must begin an investigation within 24 hours after the complaint is received. If their initial intake does not indicate an urgent problem that requires their intervention, they may refer the family to other resources that can help instead. This is where many child welfare investigations stop.
- If deemed necessary, the investigators will come to the family home to review the living conditions.
- At this point, the workers will begin interviews—typically with the parents, children, and anyone else who may have information, such as neighbors or family friends. Each person is interviewed separately. In Maryland, no law prevents CPS workers from appearing at your child’s school to interview them there without your knowledge. However, they must report the interview afterward.
- Once the workers have completed their investigation, they will categorize the case according to their findings and the severity of the situation. Categorization can range from no problem being found to urgent issues of neglect or abuse that require an immediate court order to remove the child.
- If parents are found to have likely committed criminal acts, criminal charges may be filed at this time, which will require a court hearing.
Defending Your Father’s Rights
Having an investigator show up at your home is stressful, but it is essential that you remain calm and composed. You have the right to:
- Ask the investigator if you may record the interaction. They have the right to say no, but it is permissible for you to ask. Do not record other parties in Maryland without their consent.
- Learn the specific details that were included in the original complaint that prompted the investigation. Even if the investigator does not share this information on your first meeting, although they are supposed to, a father’s rights include the right to know. If they provide an unspecific answer such as “abuse,” you have the right to ask for specifics or clarification.
- Refuse to allow investigators to review your home.
- Refuse to answer questions.
- Hire an attorney to oversee the process for you, even if you have not done anything wrong.
- Seek expert services from professionals not recommended by CPS. For instance, if the investigators want a doctor to review the child’s medical well-being, you have the right to use your family doctor rather than the doctor CPS suggests.
How you invoke these rights can be just as important as using them. Everything about the visit will be documented, including your demeanor.
Utilizing Legal Representation
In most cases, the smartest thing to do when a child welfare investigation begins is to calmly advise the investigators that you will not answer questions or allow them into your home without legal representation. Then, instruct them to leave (or hang up the phone if you have received a call) and establish a relationship with a family law attorney.
An attorney can help you avoid self-incrimination and shield you from succumbing to pressure or interrogation from child welfare officials. They also understand how to present a strong case in court for the best possible outcome for your child and your situation.
Explore Your Legal Options with Milstein Siegel
Although anyone has the right to file a request for a child welfare investigation, including former spouses seeking different child custody arrangements during divorce, parents do not need to comply without an attorney by their side.
The attorneys at Milstein Siegel can help you exercise your parental rights during a child welfare investigation without incriminating yourself. Contact Milstein Siegel to schedule a consultation before you share information with the investigators.