The Importance of Knowing Your Rights
If the Department of Human Resources (DHR) has shown up at your front door, you may find yourself grappling with a flood of questions. What are your rights? Do you have to let them in? Do you need to take a drug test? It’s crucial to know that you are not obligated to let DHR into your home or take a drug test unless a court order is involved.
However, it’s essential to distinguish between your rights and the practical decisions you should make to protect your family’s best interests. While refusing entry is within your rights, there may be scenarios where communicating with DHR is the most strategic option. For example, if DHR has reasonable suspicion to believe a child is in danger, they may seek a temporary emergency custody order through the court.
What Is a Safety Plan?
In some cases, DHR might propose a safety plan as a temporary arrangement while they investigate. A safety plan allows you, as the parent, to determine where your children will stay during the investigation. Accepting a safety plan might be the right decision if it allows you to maintain some control over the situation. However, it’s crucial to approach any safety plan with caution and ensure you understand the full implications.
If DHR files for temporary emergency custody, a hearing—often called a 72-hour hearing or shelter care hearing—will be scheduled within three days. During this time, your rights as a parent remain crucial, and the court must determine whether probable cause exists to remove your children from your custody on an emergency basis.
Document Everything
When DHR is involved, documentation is key. Throughout a case, you may encounter various workers, including investigators, supervisors, foster care workers, and family preservation officers. Each of these individuals may give you different instructions or requirements.
It’s essential to document every interaction and keep records of what DHR workers tell you to do. A common issue parents face is when DHR seems to change requirements or expectations, a practice known as “moving the goalposts.” This can result in conflicting directives and additional demands that were not initially communicated.
Documenting every instruction and action you take can help your attorney hold DHR accountable and demonstrate to the court that you’ve complied with all reasonable efforts to reunite your family.
Handling Indication Letters and Appeals
At some point in a DHR investigation, you may receive a letter indicating whether you’ve been “indicated” or “not indicated” for abuse or neglect. In DHR terminology, “indicated” is equivalent to being found responsible, while “not indicated” means not responsible.
Receiving an indication letter can have long-term consequences, especially in future custody battles. If you receive an indication letter, you have a short window—typically 10 days—to request an administrative record review. This review involves a panel in Montgomery examining your case to determine if sufficient evidence supports the indication.
For certain professions, including teachers, social workers, and healthcare providers, an administrative law hearing is also an option. During this hearing, an arbitrator reviews the case as a judge would in court. If DHR’s records are inadequate or lack credible witnesses, there’s a chance of overturning the indication.
Appealing Dependency Decisions
In some cases, DHR may file a dependency petition, alleging that a child needs care from someone other than their parents. Dependency cases can result in temporary or permanent custody being transferred to a relative, friend, or even DHR itself.
If you face an unfavorable decision in juvenile court, there are multiple appeal options available. You may appeal to the circuit court for a new trial or to the Court of Civil Appeals in Montgomery to overturn a juvenile court judge’s decision. Pursuing an appeal requires an attorney with experience in handling these complex cases and knowledge of the appeal process.
Navigating DHR’s Requirements
Throughout a DHR case, parents are often asked to comply with various services, such as random drug screenings, counseling sessions, or psychological evaluations. It’s vital to follow through on these services and to do so promptly. Waiting for DHR workers to initiate these requirements can lead to delays, so it’s essential to be proactive.
For example, if drug testing is required, don’t wait for DHR to set up the schedule. Reach out to a local agency to start your testing on a random and consistent basis. This approach not only demonstrates your commitment but also helps avoid situations where DHR claims insufficient testing was done due to their own delays.
Why Legal Support Matters
Navigating a DHR case can be overwhelming, especially when you’re dealing with conflicting instructions, changing requirements, and the emotional strain of being separated from your children. At Word Family Law Group, we understand the complexities of DHR involvement, and we’re dedicated to protecting your parental rights.
From documenting every interaction to strategically challenging an indication, our team fights for families across Alabama. When you work with us, we make it our priority to help you regain custody and protect your children’s best interests.
If you’re facing DHR involvement, don’t navigate it alone. Schedule a free consultation with Word Family Law Group today to explore your options and take the first step towards a brighter future for your family.
