9 Critical Tips to Fight DCS

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Fighting the DCS

It can be very intimidating or confusing when a Department of Children's Services investigator knocks at your door; however, it is critical that you are prepared. Be informed and ready to fight for your rights! 

Be Nice & Polite.

It is perfectly natural to have an angry or defensive reaction to being accused of abusing or neglecting your child; however, rude behavior or hostility toward a DCS investigator will likely be used against you. Remain calm, cool, and collected until you have the opportunity to meet with an attorney.

Ask What the Allegations Are.

You are entitled to know what specific allegations you are accused of committing. Do not settle for a general answer. Ask for details; however, provide no statements or explanation of the allegations.

Shut Up.

It is a perfectly natural reaction to attempt to explain everything, especially when you have nothing to hide. However, it is critical that you do not answer any questions from the DCS investigator before speaking with a lawyer. The investigator may say that if you just speak with them then it can all be worked out - that is a LIE. The investigator is there to gather evidence AGAINST you, even if none exists! Keep in mind that the DCS worker is trained to make you feel comfortable so that you will open up and provide them information. DCS is NOT your diary! Politely inform the DCS investigator that you will only speak with them after consulting with your attorney. Do not provide any other statement whatsoever!

Do Not Allow DCS Inside of Your Home... at all.

Never voluntarily allow the DCS investigator into your home without seeing a warrant or court order. Do NOT let them even look inside your home. They may say that if you allow them to look at your children or look inside your home that the issue may be resolved - that is a LIE as it may make matters worse for you.

Record Everything.

Use your phone recorder or tape recorder and record every single conversation you are a part of involving DCS. If it is your word against DCS, often the Court will believe DCS over you unless you have the conversation recorded.

• NEVER Admit Guilt or Liability.
• Never, ever, ever, admit to anything. Anything at all!
• Do NOT Voluntarily Submit to a Drug Screen.
• Do not voluntarily submit to a drug screen. If DCS wants you to submit to a drug screen bad enough then DCS will seek a court order.
• Do NOT sign anything.
• Often the DCS investigator when want you to sign various documents. DO NOT SIGN ANYTHING without speaking with an attorney first! Politely tell the DCS representative that you will gladly sign whatever they need after consulting with your attorney.

HIRE A LAWYER!

The sooner the better. Find an experienced lawyer that is not afraid to FIGHT the Department of Children's Services. 


Additional resources provided by the author. The information contained in this guide is general, educational, and intended for informational purposes only. It does not constitute legal advice, nor does it substitute for legal advice. Further, it does not establish any attorney-client relationship whatsoever. However, if you are experiencing a legal issue, you are advised to seek the counsel of a licensed attorney in your jurisdiction. The law changes rapidly and can differ greatly from jurisdiction to jurisdiction. Even similar laws can be interpreted differently by different courts or different jurisdictions. Any and all liability of any kind arising from the use of, or misuse, of the information contained and referenced herein is totally disclaimed.

 

Kyle Vaughan