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dkennedy, Attorney at Law
Category: Family Law
Satisfied Customers: 6009
Experience:  JD Degree, Social Service Experience, Child Support Officer
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my rights when dcfs is called on me

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It is difficult to know what the investigator wants to talk about, but if you are the one alleged to have abused a child, do not talk to the investigator without having a lawyer present. You might be 100% innocent, but anything you say to this person could be twisted and changed, and turned over to the police for criminal charges. You have a perfect right not to open your mouth if it could be incriminating.

Also, anything you say to them can assist them to start some sort of court action.

The trouble is, without cooperating with their investigation, they will take it as an indication that they need to get involved with your family. I would reschedule the meeting. Do not go into this unaware. I would also tape any conversation you have with the DCFS. I do not believe any of them can be trusted. This is a drastic statement, but I have worked with these agencies for years and see what they can do, if you go into this unprepared.

I wish you the best of luck.

Customer: replied 8 years ago.
Thanks for this answer. for i am aware of i need to tape any conversation i have with them. but do i have to talk to them at all. I do understand that they will not like that. this all tarted with the social worker from my childs school because they found out that i have the gas turned off but i do have heat but they think because no gas no heat. and i had my water pipes burst. but they thought that when my child said i have no water that i had it turned off as well.


By law, you do not have to talk to them at all, but as you know, they "hold the cards" as far as declaring your home unfit and so forth. They can make your life miserable. Send them a written statement telling them what you told me about the water pipe breaking and the heat. Back that up with a statement from the landlord, or the water company, or something. It may or may not do any good. I doubt, though, that they will just forget it. In the end, they cannot legally make you talk to them, but they can say that because you did not explain things, they feel the children are in danger, blah blah blah. You get the picture.

In the end, it is your choice. Good luck.

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