How Do You Navigate DHR-Related Legal Issues?

What is the Role of DHR in Alabama?

When the Alabama Department of Human Resources (aka DHR) becomes involved in your life, whether it’s a child welfare investigation, a custody issue, or allegations of abuse or neglect, it can be an overwhelming, stressful, and even terrifying experience.

The Alabama DHR has considerable legal authority, and how you respond to their involvement can significantly affect your civil and legal rights and the future of your entire family.

You should note that the Alabama Department of Human Resources is responsible for numerous social services in the state. However, when the DHR contacts people, they immediately consider child welfare issues. This is because the DHR is the state’s leading agency that investigates reports of child abuse and neglect, handles custody cases, and provides services such as foster care and adoptions.

The DHR’s role goes far beyond just dealing with child protective services. The agency also administers programs such as:

• Family food assistance “SNAP” programs.
• Temporary financial assistance to families and individuals known as “TANF.”
• Adult and older child protective services.
• Family child support enforcement issues.
• Foster care, all types of adoption services, and more.

However, when DHR interacts with family law and the juvenile court, the agency often acts in an investigative and advisory role to the Alabama court.

One of DHR’s primary missions is to protect children and vulnerable adults. This is why this involvement can rapidly become adversarial when they become involved in your and your family’s lives.

You must note that the DHR is not involved in representing you. Their job is to uphold and define what’s in the “best interests of the child” involved; this often doesn’t align with what you believe is best for your family. This is why, when you become engaged with the DHR, the professional, diligent, and compassionate advice and guidance of a well-versed DHR lawyer is mandatory.

Why Is It Vital to Fully Understand Your Rights If You Become Involved With the DHR?

You may grapple with numerous questions when the Alabama DHR appears at your door. A few main questions are, “What are your rights?” Do you have to allow them to enter? Do you take a drug test? Many more issues will arise. When this occurs, it’s critical to know that you are not obligated to let DHR into your home or take a drug test unless a court order mandates it.

However, this is a critical time, and it’s essential to distinguish between your rights and the practical decisions you must now make to protect your family’s best interests. Although refusing entry to your home is within your rights, there are situations where communicating clearly with the DHR is the most sound and strategic option.

Let’s say the DHR suspects a child is in danger. Letting them see the situation may help you overall. However, if you don’t communicate, they could seek a temporary emergency custody order through the court.

Complete and total documentation is critical and mandatory whenever you deal with DHR. You may encounter various DHR personnel throughout your case, including investigators, supervisors, foster care workers, etc. Each DHR representative may give you different instructions or want separate requirements to be met.

Therefore, to ensure your and your family’s protection, you must fully document every interaction and record what DHR workers tell you to do. Parents usually face a common issue where the DHR seems to change requirements or expectations, a practice often known as “moving the goalposts.” This can result in conflicting instructions, directives, and additional demands not initially communicated.

Knowing all your rights, when to comply, etc., is often legally complex and highly confusing to most families. So, the most important thing to do is to obtain professional legal guidance from a competent and well-versed DHR lawyer as soon as possible.

What Are Some of My Rights That I Must Know When Dealing With the Alabama DHR?

Navigating a DHR case can upend your entire life, especially when dealing with conflicting instructions, changing requirements, and the dire emotional strain of being separated from your children. This is why the professional help of a DHR lawyer who understands the complexities of DHR involvement is necessary; your lawyer is passionate about protecting your parental rights.

Just a few of the rights that you are entitled to are:

• You Have the Right to Remain Silent – As with any investigation, anything you say to DHR can be used against you. Therefore, it’s legal and prudent to tell a social worker that you want to consult your DHR lawyer before answering their questions.
• You Have the Right to an Attorney – Let’s say the DHR files an abuse or dependency case in juvenile court; you have the right to legal representation. However, it’s always wise to retain a lawyer, even if it’s early in the DHR’s investigation. This will ensure your rights are protected.
• You Have the Right to a Court Hearing – If the DHR removes your child or places them in foster care, you are entitled to a court hearing.
• You Have the Right to Be Reunited with Your Child – In most cases, you must be given a clear and concise case plan and the opportunity to meet all the conditions to get your child back.

What Are Some Sound Strategies for Dealing with a DHR Case Successfully?

If you’ve become involved with the DHR in Alabama, you must take a proactive, informed, and strategic legal approach.

Depending on your case, just a few of the steps you should take are:

• Don’t attempt to deal with the DHR alone – You might feel you have nothing to hide, but DHR investigations are complex. At times, relatively harmless statements can be misconstrued. Always have a witness and keep a detailed record of all that occurs.
• Work with a skilled and experienced DHR lawyer – Working with a DHR lawyer who thoroughly understands all the DHR procedures and juvenile court dynamics will always make a significant and positive difference in how your case turns out.
• Try to cooperate but do so cautiously – Don’t try to be seen as uncooperative, but also don’t say yes to everything. Discuss all the proposed safety plans, services, etc., with your lawyer before proceeding.
• Document absolutely everything – Keep detailed records of every interaction with DHR, including dates, names, and what was discussed. These records can be invaluable in court.
• Strictly follow your case plan – If the DHR puts a case plan in place, follow it strictly and to the letter. Attend every class and appointment and follow through on all requirements, as the Alabama court pays strict attention to compliance in any DHR case.

I Have Been Contacted by the Alabama DHR; How Should I Proceed?

Navigating DHR-related legal issues in Alabama is extraordinarily challenging and one of the most stressful and difficult experiences an Alabama parent will face. You must totally understand your rights, know the process, and always have a strong, diligent, and knowledgeable legal advocate on your side; this can make all the difference in your case.

Jim Golden Law has a long and extensive history of dealing successfully with the Alabama DHR and diligently, compassionately, and successfully advocating for Alabama families and their children.

Call them today at (866) 950-6652 to schedule a free consultation on your upcoming DHR case. Be assured that your rights and your family’s future are professionally and empathetically protected. The stakes are high, and your family’s future could depend on it.