Know your rights during a DCFS investigation
A key way to protect your family during a DCFS investigation is to know what to expect. It’s important to understand your rights and know when and how to use them.
5 Top Tips for Surviving a DCFS Investigation
Keep Your Own Records! DCFS will keep records of their investigation, but it’s very important that you keep your own records too. Write down everything you talk about with your DCFS worker. When possible, use text or email to communicate and save those messages!
Keep Calm! A DCFS investigation is serious and can be very emotional. It’s important to stay calm when talking to your DCFS worker, even if you feel frustrated or angry.
Remember Their Role. DCFS is checking to see if your child is safe in your care. Even though many DCFS workers want to help, they are not your friend or therapist. Be careful not to share information unless they ask you about it. Anything you say could be used against you.
Cooperate When You Can. Working with DCFS is the best way to help them close their investigation. Ignoring them won’t make the investigation go away. Make sure to return their calls quickly and professionally, and consider their requests. But you don’t have to agree to everything they ask!
Bring in Support! If you have someone you trust from your family or community, or a service provider you already work with, it can help to lean on them for support. This person can help you manage your feelings about the process and help you think through your options and decisions carefully.
What rights do parents have during an investigation?
In California, parents' rights during a DCFS investigation are limited. They don’t have the same rights as during a police investigation, but they do have some important rights:
You Have the Right to Know: You must be told why DCFS is investigating your family. However, you might not always know who made the report. DCFS will look at everything they find, even if it’s not related to the reason they started the investigation.
You Have the Right to Refuse Entry into Your Home: DCFS cannot enter your home unless you say it's okay or they have a court order. But refusing them can hurt your case.
You Can Talk with a Lawyer: A lawyer can help you understand what’s happening and speak for you. If you can hire a lawyer, it’s a good idea to do so before talking to DCFS. If you can’t afford one, some legal aid agencies can help, but a lawyer will not be provided for you for free during the investigation.
You Have a Right to Know the Rules: DCFS workers must follow laws and policies during investigations. You have the right to read these policies to understand how the investigation should go. You can find them here.
You Have the Right to Communicate in Your Preferred Language: It’s important to fully understand all communication, especially about your child’s custody. You can ask for communication in the language you prefer.
You Can Be Involved: You can join meetings and talk to DCFS. You can share your side of the story and suggest ways to fix any problems that might be unsafe for your child.
You Can See Records: You can look at and get copies of the reports about the investigation, unless a judge says you can’t.
You Don’t Have to Share Personal Information: Remember that a DCFS worker is not your friend or therapist. You don’t have to share sensitive information like your medical history or past trauma. However, it’s important not to provide false information, as this can harm your case.
You Can Say No to Services: DCFS may suggest classes or services. They should give you at least two options for each service. If you say no, think carefully about your decision, as it could affect your case. If you say no, explain why—like if you can't afford it or can't get there.
You Can Say No to Drug Testing: DCFS cannot force you to take a drug test without a court order, but saying no might affect your case. If your drug test is positive but you haven't taken drugs, you can challenge the result.
You Do Not Have to Transfer Custody of Your Kids Outside of Court: Sometimes DCFS will suggest you give custody to someone else, but it’s important to talk to a lawyer first. They can explain the consequences and help you understand your options.
You Can Challenge Decisions: If DCFS decides to take you to court, you will get a lawyer and can argue against their claims. You can show evidence and explain why you think they’re wrong.
Special information for cases involving domestic violence
Many cases that DCFS looks into involve claims of domestic violence in the home. Because domestic violence is very serious, DCFS takes these investigations very seriously. Here are some important things to know:
DCFS Should Help You: DCFS should work with you to keep your children safe and should never blame you for the abuse. Their goal should be to help children stay together with their non-abusive parent in a way that is safe for both the children and their parent.
DCFS Should Help You Make a Safety Plan: It’s important to have a plan for what to do if your partner becomes abusive. DCFS should help you think through this plan and get you what you need to stay safe.
DCFS May Suggest Getting a Restraining Order: DCFS can encourage you to get a restraining order, but they cannot make you get one. There are many ways to keep you and your children safe, and DCFS should talk to you about all your options. Whether to get a restraining order is a personal choice that depends on your situation. If you want more information about restraining orders or need help deciding if one is right for you, check out the videos from the Legal Aid Foundation of Los Angeles, available here.
When Your Investigation Closes
Most DCFS investigations will close without separating your family. However, it’s important to know that the investigation can still affect your family for a long time.
Get a Copy of Your Closing Letter: DCFS must send you a letter when they close your investigation. This letter will tell you if the allegation against you was “unfounded” (not true), “inconclusive” (not enough proof), or “substantiated” (true). Sometimes workers say they don’t have to send a letter, but this is not correct. Make sure you get and keep your closing letter.
What to Do if the Allegation Was Substantiated for Serious Neglect or Abuse: If the allegation was about serious neglect or abuse and it was found to be true, your name may be added to the Child Abuse Central Index. Being on this list can make it hard to get jobs or be approved to care for children. You only have 30 days to ask for a hearing to challenge this, so it’s important to act quickly. You can learn more by checking out the ACLU’s Know Your Rights page here.
What to Do if the Allegation Was Substantiated for General Neglect: If the allegation was about general neglect and it was substantiated, your name should not be added to the Child Abuse Central Index. However, it can still be used against you in future DCFS investigations or in family court. There is no formal way to remove a substantiated allegation of general neglect, but it’s a good idea to contact your DCFS worker to ask why the allegation was substantiated and to see if you can change it.
Need a referral?
Los Angeles County has many resources, and it can be hard to find the right one for you. Here are two options to help you narrow it down: