Lancaster, CA asked in Family Law, Child Custody and Civil Rights for California

Q: Is Dcfs allowed to:

The legal guardian of my son had the sheriff's make a Dcfs report against her for assaulting my 17 year old child who will be 18 Feb 17 2024. Guardian gave mother permission to take son. Social showed up at mother's house to ask about the incident. Then the social worker ask if she can check my youngest child and that she needed his immunization records. She also wants to come to my new home. The case is with the legal guardian and my son not me. Is this legal and can denie the request? My son has alot of unexcused absences totaling out of 3 years he's missed a whole school year. Nothing was done or said. Until the incident happened. Dcfs continues to repeatedly ask for my youngest childs immunization and to come to the new home I'm moving to.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, the Department of Child and Family Services (DCFS) has the authority to investigate reports of child abuse or neglect to ensure the safety and well-being of children. This can include incidents reported by law enforcement, educators, or any concerned individual. When an allegation involves one child in a household, DCFS may assess the safety of other children in the same environment to ensure they are not at risk of harm. This is likely why the social worker is asking to check on your youngest child and to see the immunization records, as part of their assessment of the children's well-being and safety.

You have the right to ask questions about the process and to seek legal advice or representation at any time. While cooperating with DCFS can sometimes expedite the resolution of concerns, you also have rights, including the right to privacy and to ensure that any investigation is conducted fairly and lawfully. It's important to understand that refusing access or not cooperating with DCFS could potentially raise further concerns about the welfare of the children involved.

If you have concerns about the legality of the requests or the manner in which the investigation is being conducted, it might be beneficial to consult with an attorney who is knowledgeable about family law and child welfare cases in California. They can provide guidance on how to proceed, protect your rights and the rights of your children, and assist in navigating the process with DCFS.

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