Speak to an Attorney Before Speaking to DHS

Video Transcribed:  What should I know about talking to a DHS social worker? My name is Brian L. Jackson. I’m a Tulsa father’s rights attorney. Today we’re going to talk about what you should know about talking to DHS workers.

A couple of things to be aware of, anytime you talk to an agent of the state, your constitutional criminal procedural rights do come into play. In other words, they can’t compel you in criminal court to answer questions, they can’t compel you, for example, allow them into your home.

Now, that being said, if you were dealing with a social worker who was investigating allegations of child neglect or child abuse or any other child maltreatment, if you fail to comply they can and do report that back to a judge sitting in deprive court, which is not a criminal court.

If you find yourself in this situation, the smartest thing you can do is, if you were asked to interview, you should agree to the interview. However, you should ask for enough time to consult with an attorney. And the same goes for if they want to come and look at your house, get an attorney, and talk to your attorney first before you let that person into your home.

Because if you let them in, then anything they see is fair game. On the other hand, if you refuse, they’re going to go tell a judge in deprive court you refused, and that looks bad too.

Your best bet is to get counsel and discuss your specific circumstances with your attorney. And you can get counseled by going to dads.law and talking to one of our attorneys who can advise you as to what the best course of action is in your specific circumstances.

My name is Brian L. Jackson the Tulsa CPS Investigation Attorney for Fathers, and we’ve been talking about what you should know if you’re approached by a DHS social worker.