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When the South Carolina Department of Social Services (DSS) suspects abuse or neglect and is investigating you or your family, the situation can escalate quickly. To protect yourself, your rights, and your family, you need to hire an experienced DSS attorney as quickly as possible. If DSS has started an investigation, is threatening to take away your children, or the police or a court order has already removed them from your home, the Charleston, South Carolina, DSS defense attorneys at Brinkley Law Firm, LLC, will take immediate action to protect your rights.
When DSS receives a credible threat of abuse, neglect, or child endangerment, DSS shall begin an investigation within three time frames: 0-2 hours, 2-24 hours, or 24-2 business days. The timeframe depends on the severity of the allegation. A DSS investigator will interview you, your child, and any witnesses who might know about the alleged abuse or neglect. The investigator can also review medical records, police reports, school records, and other relevant documents.
YOU DO NOT HAVE TO SIGN ANYTHING. YOU CAN LET DSS KNOW YOU WANT TO SPEAK WITH AN ATTORNEY FIRST.
To protect yourself, your family, and your rights, contact an experienced DSS defense attorney as quickly as possible. The DSS defense attorneys at Brinkley Law Firm can advise you on how to handle contact with DSS and prepare a DSS defense strategy.
You should stick to the truth when developing your DSS defense strategy. Inconsistencies may reflect poorly on you and could be used against you.
Consider why someone reported your situation to DSS. Some reports are the result of a false accusation, an act of revenge (particularly during a contentious divorce), or a misunderstanding. Brinkley Law Firm can gather evidence to support your position. Presenting favorable evidence during the investigation phase can lead the investigator to close the file without further action. If the allegations were accurate, you must be prepared to explain what happened so the investigator can reach a fair outcome. Our attorneys will work to help you avoid more severe penalties, such as removal of the child from your home, by proposing a safety plan to reduce the chances of a recurrence.
DSS may propose a treatment plan for your individual situation. That does not mean it is mandatory or that you and your family need to agree to the plan. Our experienced DSS defense attorneys know the law, understand the process, and will work to negotiate favorable terms in the treatment plan.
The best results in a DSS investigation come from early intervention by an attorney who understands the DSS system. There are things DSS can do, and things they cannot do. Hiring an attorney who works primarily in Child Welfare Law is the key to maintaining custody of your children.
Some situations can be resolved quickly. For example, consider the wife of a National Guard member whose husband was on annual training at Fort Jackson when the mother and child were involved in a motor vehicle accident. The mother was transported to Greenville Memorial Hospital with non-life-threatening injuries and kept overnight. There was a threat of harm because the only available caregiver was incapacitated. In this instance, the father was located quickly and transported home within 24 hours, and the child was promptly returned to him.
Other situations require a treatment plan. Treatment plans generally include an assessment of the parents to determine whether they need specialized intervention, such as alcohol, drug, or mental health services.
DSS can also refer the children for evaluations. Some parents learn through a DSS evaluation that the child they thought was simply resistant to discipline is actually autistic or suffering from Oppositional Defiant Disorder, or ODD.
If you were accused of child abuse, endangerment, or neglect, or are involved as the caregiver or custodian of a child, the DSS defense attorneys at Brinkley Law Firm are here to help.
Brinkley Law Firm represents clients in DSS proceedings throughout South Carolina.
Contact us today to schedule an appointment to discuss your situation and how we can assist you.
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