Your Rights When LA County DCFS Is Investigating You

Parents under investigation by the Los Angeles County Department of Children and Family Services keep their constitutional rights. You can decline entry to your home without a warrant or emergency, decline to answer questions, and have a lawyer with you at any stage. You also have rights DCFS cannot override, such as being told the general nature of the allegations. Just as important are the limits: some things DCFS can do without your permission, and knowing them prevents costly mistakes.

Rights you have from the first contact

1. The right to be told what the investigation is about. Federal law (the Child Abuse Prevention and Treatment Act, 42 U.S.C. section 5106a) requires child protective workers to tell the person under investigation about the complaints or allegations at the first contact. You may not get details or the reporter’s name, but you are entitled to the general concern.

2. The right to refuse entry without a warrant, consent, or emergency. The Ninth Circuit held in Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999), that social workers are bound by the Fourth Amendment. A CSW needs your consent, a warrant or court order, or a genuine emergency to come inside.

3. The right not to answer questions. You are not required to give DCFS an interview. Anything you say can appear in a DCFS report, and if police are investigating the same events, it can be shared with them. Declining is a right; how you decline matters.

4. The right to an attorney. You can hire counsel at any point, including before your first interview. The court appoints counsel for parents who cannot afford one only after a petition is filed (Welfare and Institutions Code section 317), so before then, representation is private.

5. The right to decline voluntary requests. Drug tests, safety plans, releases for medical or therapy records, and voluntary services agreements are all requests until a court orders them.

Rights if DCFS removes your child

• A prompt court hearing. DCFS must file a petition within 48 hours of removal, excluding weekends and court holidays (section 313). The detention hearing at Edelman Children’s Court follows by the end of the next court day (section 315).
• Release unless the county proves danger. Under section 319, the court must return the child unless there is a substantial danger and no reasonable way to protect the child at home.
• Relative placement preference. Relatives get preferential consideration for placement (sections 309, 319 and 361.3).
• Visitation. The court sets visitation at the detention hearing, and it should be as frequent as the child’s safety allows.
• Reasonable efforts. DCFS must show it made reasonable efforts to prevent removal.

What DCFS can do without your permission

Knowing the limits of your rights is as important as knowing the rights:

• Interview your child at school. California Penal Code section 11174.3 lets workers interview children at school during school hours without telling parents first. The child may ask for a school staff member to be present.
• Contact collateral sources. Teachers, doctors, therapists and relatives can be called without your consent.
• Seek a warrant or protective custody. If a CSW believes a child is in imminent danger, DCFS can seek a removal order or act with law enforcement in an emergency.
• Make a finding. The investigation will end with a finding whether or not you participate.

Using your rights without hurting your case

Asserting rights badly can make an investigation worse. Slamming the door, refusing every request, or disappearing tends to push a CSW toward court. A better approach:

1. Decline entry or an interview politely, and offer to schedule through counsel
2. Have counsel present for the interview and prepare you for it
3. Agree to reasonable, narrow requests that address the actual concern
4. Provide records through counsel to support closure

For parents in professional roles or active custody cases, the goal is to protect privacy and your position in family court while still giving DCFS what it needs to close the referral. See also what to do when LA County DCFS contacts you.

Frequently asked questions

Do I have to talk to DCFS?
No. You can decline an interview or ask that your attorney be present. Declining politely and scheduling through counsel is usually best.

Can DCFS search my house?
Only with your consent, a warrant or court order, or an emergency.

Can DCFS talk to my child without me?
Yes, at school, under Penal Code section 11174.3, without notice to parents.

Do I get a free lawyer during a DCFS investigation?
Not before a petition is filed. The court appoints counsel once a case is in court if you qualify.

Can I record my conversation with a DCFS worker?
California generally requires the consent of everyone being recorded. Ask first, or let counsel attend instead.

Protect your rights from the first contact

Call 866-811-4255 to speak with a Los Angeles DCFS defense lawyer. Learn more on the Los Angeles CPS Lawyer home page and about the courthouse at Edelman Court CPS Lawyer.

This article is general information about California child welfare law and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different; speak with a licensed California attorney about your situation. Attorney advertising.