Protecting Your Rights During Department of Social Services Investigations in South Carolina

South Carolina DSS Investigations Are Invasive By Nature

Being the target of a Department of Social Services (DSS) investigation is one of the most stressful things a parent can go through. Whether it’s due to malicious accusations or relatives who are upset about minimal grandparent’s rights, you could find yourself in a difficult situation. If this happens, it’s critical to understand and protect your rights during a South Carolina Department of Social Services investigation.

Unfortunately, this process is incredibly invasive. Even if you’ve done nothing wrong, a mere accusation can result in the State coming into your home, violating your privacy, and engaging in other unfair actions. While their alleged focus is the safety of your child, it often seems as though they’re more devoted to accusations than facts. That’s why it’s up to you to protect yourself and your child.

Understand Your Legal Rights

The most important step you can take to protect your rights during South Carolina DSS investigations is to understand the rights available to you. Asserting legal rights cannot be used against you, and if state agencies or law enforcement violate these rights, they might even be held legally liable. The following are the most important rights for you to understand: 

• Right to remain silent: Like in criminal law, anything you say can be used against you in court. Consult with an attorney before making statements 
• Right to an attorney: You can hire an experienced lawyer at any point during the investigation 
• Right to be informed: SC Department of Social Services must inform you of the nature of their investigation, including any relevant allegations 
• Right to refuse entry: Unless they have a warrant or your consent, DSS is not authorized to enter your home. The only exception is if your child’s safety is immediately at risk

Keep in mind that these rights are basic in nature. Depending on your jurisdiction or specific circumstances, you may have additional rights and responsibilities. Because of this, it’s advisable to at least sit down and discuss your case with a family law attorney. A legal professional can give you a better idea of what you’re up against. 

Cooperate – But Make Sure You Set Boundaries

You certainly have the right to remain silent, but a complete lack of cooperation could escalate the situation. Cooperating in a limited way is an ideal tactic to show that you’re taking the case seriously – but that you will not let your or your child’s rights be violated. An attorney may advise you to answer only the questions asked while avoiding volunteering additional information.

Regardless of your extent of cooperation, you should be documenting everything. Maintain detailed records of all DSS interactions – including the names of people you spoke with, what you discussed, and when the meetings occurred. You should also request written documentation from the Department of Social Services.

Documentation from DSS should always include information about the allegations levied against you. This will help you understand what you’re defending against. Also, ask DSS officials for details related to the investigatory process and what role you’ll play. Understanding timelines and procedures can help you better protect your rights during South Carolina DSS investigations.

Prepare for Home Visits

Regardless of the nature of the allegations against you, there’s a good chance that DSS will want to assess your living conditions. This means it’s critical for you to ensure your home is clean, free of hazards, and stocked with essential items like clean water, food, and clothing that’s appropriate for your child.

You should also maintain a calm demeanor when dealing with any workers who visit your home. Remember, they are not the ones who levied accusations against you. Do not argue with these workers or appear hostile to them. It’s understandable that you might be upset, but remember that any appearance of aggression may actually raise additional concerns.

Key Considerations During the Investigation

There are many important considerations to protect your rights during a DSS investigation in South Carolina. Working with a legal professional can help you understand these issues, but there are also specific matters you should keep in mind throughout the process:

• Avoid contact with accusers: It’s understandable that you’ll want to ask questions or push back against those who accused you. This is a terrible idea. Confronting or retaliating against them will only make matters worse 
• Gather evidence to defend yourself: Gather any documentation that can support your case. Medical records, letters vouching for the parents, school records, and testimony from counselors can prove invaluable 
• Comply with court orders: It’s possible that the investigation against you will lead to a case plan. When this happens, you need to comply fully and attend all court hearings 
• Understand the removal process: In South Carolina, DSS can only remove children with a court order or if there’s an immediate threat to the child’s safety. If this happens, you can contest the removal by showing there’s no danger to your child

Facing a DSS investigation is something that no parent wants to go through. However, it’s important that you prepare yourself and stay vigilant when you find yourself in such a scenario. Your actions can go a long way in securing a favorable outcome. However, reaching out for additional help may be the right decision in your situation. 

Contact an Attorney

The legal system in America is a unique thing. No matter what matters of law a person is facing, they can’t be forced to seek legal representation. However, failure to do so can result in negative outcomes – particularly when the State is infringing on your parental rights. A simple mistake or oversight in the law can result in the removal of your children, and this is one of the most devastating outcomes possible.

That’s why it’s important to contact an attorney as soon as you know you’re being targeted. Allegations can lead to court involvement, and when this happens, a family law attorney with DSS experience can help protect your rights during Department of Social Services investigations in South Carolina. By guiding you through the process, they may be able to give you the upper hand against the State.

At The Howze Law Firm, our family lawyers are committed to helping our clients achieve positive results. Contact us at 803-266-1812 for your initial evaluation.