7 Tips to Protect Your Children and Family
by Daniel L. Cox, Esq.*
For loving parents, a government social worker at your door to investigate allegations of child abuse or neglect could be a fearful event when known horror stories abound about good parents losing custody of their children over false allegations. The following tips are provided to help reduce that tension and keep you in control of your beloved children and family. As the lawful individuals gifted with protecting your children's best interests before all others, in a civilized society, your parental rights are worth protecting.
1. Stay calm, friendly and cheerful and don't give in to fear. Remember that the person is likely there in good faith, and is required by law to investigate because of an anonymous tip of some kind.
2. Verify the individual's identity - obtain a name, business card identifying the individual at your door and the government Department unit they claim to represent.
3. Ask the social worker what the allegations are specifically. You have a right to that information under federal and most state laws. If the social worker or government representative becomes hostile or rude, you may be wise to video and audio record the conversation and actions and advise them of your doing so. Remember that under Maryland law you must notify the individual that the premises and the individual's statements and actions are being monitored and/or recorded for your protection.
4. If the social worker demands entrance to your home, do not let them in the door of your home unless they provide you with an original, signed warrant granting entrance to your home specifying the exact person, place or thing to be searched and/or seized. Request a copy of the warrant. The warrant may provide the basis for the protection of your civil and constitutional rights under a legal challenge.
5. Do not volunteer any information, but state that you intend to exercise your right to an attorney immediately.
6. Call your attorney.
7. If you cannot reach your attorney on the telephone at that time, obey all lawful warrants and request the social worker and/or police officer wait and return once your lawyer has contacted them. If there is no true emergency, this is a reasonable request.
© 2010. Daniel L. Cox.* The Cox Law Center, LLC, Francis Scott Key Historic Law Office, 104 N. Court St., Frederick, Maryland 21701. All rights reserved. http://www.coxlawcenter.com/
*Daniel Cox is licensed to practice law by the Maryland Court of Appeals. This article is for educational and informational purposes only, to advance the interests of justice. Nothing in this article should replace competent legal advice from a licensed attorney and this article should not be relied upon as legal advice. Reading this article does not create any attorney-client relationship. For legal advice, please contact a licensed attorney.