What to Do if the Department of Social Services (DSS) is At Your Door

A knock at the door from the South Carolina Department of Social Services (DSS) can turn your world upside down in an instant. When DSS suspects child abuse or neglect, they move quickly, and so should you.

DSS is tasked with protecting children from abuse and neglect. DSS is not a therapeutic agency, and it has no qualified treatment professionals on its staff. Instead, remedial and therapeutic services are provided through community resources.

When DSS receives a credible report of child abuse or neglect, a DSS agent will open an investigation. If abuse or neglect is suspected, the agent can make a referral for an evaluation designed to diagnose the specific problem that led to the allegations of abuse or neglect.

How you respond when contacted by DSS can set the tone for the investigation. A respectful attitude can have a favorable impact on the outcome of the DSS investigation and their decision on whether to offer in-home treatment and services rather than to remove the child.

What To Do If DSS Is at Your Door

When a DSS agent is knocking at your door, the first thing you need to do is assess your situation. Remain calm, and know that anything you say or do can either help or harm you. Talking less and listening more is often the best response until you have legal representation.

YOU DO NOT HAVE TO LET DSS IN YOUR HOME. STEP OUT ON TO THE PORCH AND SPEAK WITH THEM.

You have the right to know the allegations against you. “Child abuse or neglect” or “harm” occurs when a parent, guardian, or other person responsible for the welfare of a child commits certain acts or fails to provide certain basic necessities of daily living, such as food, shelter, clothing, and health and education services.

A “person responsible for the child’s welfare” includes the child’s parent, guardian, foster parent, or an adult who has assumed the role or responsibility of a parent or guardian for the child but who does not necessarily have legal custody of the child. Note that a caregiver whose contact is only incidental with a child, such as a babysitter (including, perhaps, a grandparent), has not assumed the role or responsibility of a parent or guardian.

Understand Your Legal Rights

To protect yourself during a DSS investigation, you must understand your legal rights. Asserting your legal rights cannot be used against you, and if state agencies or law enforcement officers violate your rights, they can be held legally liable.

• Right to remain silent. Like in a criminal case, you have the right to remain silent, and anything you say can and will be used against you. You should speak with legal counsel before making statements to a DSS agent.
• Right to an attorney. You have the right to legal counsel during the investigation and during your interactions with DSS agents.
• Right to be informed. DSS must inform you of the nature of the investigation and the nature of any allegations against you.
• Right to refuse entry. DSS agents are state actors and are not authorized to enter your home without a warrant or your consent.

Cooperate, but Set Boundaries

You have the right to remain silent, but a complete lack of cooperation could escalate the situation. Cooperating in a limited way shows that you take the matter seriously but will not allow DSS to violate your rights or those of your child. You have the right to have an attorney present to advise you when answering questions.

Document everything that happens during your interactions with DSS agencies. Make notes of the individuals you spoke with, what you discussed, and when and where the meetings occurred. You should request written documentation of the interaction from DSS, which should include the nature of the allegations. You can also ask the DSS official for information about the investigatory process and what role you will be asked to play.

Prepare for a Home Visit

Regardless of the nature of the allegations against you, DSS will likely want to assess your living conditions. Ensure your home is clean, free of hazards, and stocked with essential items, including clean water, food, and clothing appropriate for your child. Make sure the children have age appropriate sleeping arrangements. Do not have boxes in the crib or your little girl sleeping in the same bed as your little boy.

Maintain a calm demeanor during the visit. Do not argue with the DSS investigator or appear hostile towards them. Remember, they are not the ones who made the accusations against you. They are simply investigating to protect the safety and well-being of the child. You might be upset, but remember that any appearance of aggression might raise additional concerns.

Developing Your DSS Defense

An experienced DSS defense attorney can protect your rights during the DSS investigation and gather evidence to support your case. Presenting evidence during the investigation phase might lead the investigator to close the file without further action. If the allegations were accurate, a DSS defense attorney can help you avoid more severe penalties, such as having the child removed from your home, by proposing a safety plan to reduce the chance of a recurrence.