Do I have to Agree to do a DHS Ordered ISP?

If the Department of Human Services (DHS) orders you to participate in an Individualized Service Plan (ISP), you may wonder whether you are legally obligated to comply. DHS typically requires an ISP when it becomes involved in a family’s life due to allegations of neglect, abuse, or other safety concerns regarding a child. This article will help walk you through your rights when it comes to a DHS ISP.

What is an Individualized Service Plan?

DHS develops an ISP as a detailed plan to address specific concerns about a family or individual. The ISP aims to resolve the issues leading to DHS involvement and ensures the safety and well-being of children in the case. An ISP may include:

• Parenting classes
• Drug or alcohol treatment programs
• Therapy or counseling sessions
• Regular meetings with a DHS caseworker
• Compliance with visitation schedules or custody arrangements

DHS designs the plan as a collaborative process with the family or individual, addressing the unique circumstances of the case. While these things may seem intrusive or unnecessary, DHS takes the stance of children first. This means that their best interests come before the needs and wants of the parents.

Do I Have to Agree to a DHS-Ordered ISP?

The short answer is no, you are not legally required to agree to an ISP. However, there are critical considerations and potential consequences if you choose not to comply. An ISP is generally a voluntary agreement between you and DHS, and signing it indicates that you are willing to cooperate with DHS to resolve the agency’s concerns. You are not legally obligated to agree unless there is a court order in place.

While an ISP itself is voluntary, DHS may seek court intervention if you refuse to agree or comply. If DHS convinces a court that your non-compliance poses a risk to the child’s safety, the court can order you to comply with the ISP’s terms. The court may even remove the child from your custody temporarily or permanently, depending on the severity of the case.

What Happens if I Don’t Agree to the ISP?

If you refuse to sign or participate in an ISP, DHS may escalate the matter by filing a petition in court. This is where they can request an order to enforce compliance or seek removal of the child from your custody. Refusal to engage with the ISP may be seen as unwillingness to address DHS’s concerns, which could negatively impact your case and parental rights.

Non-compliance often prolongs DHS involvement, as the agency may require additional investigations or interventions to ensure the child’s safety. However, you may have valid reasons for refusing to agree to an ISP, such as:

• Disagreeing with the allegations made by DHS.
• Believing that the plan’s requirements are unreasonable or not applicable to your situation.
• Feeling that DHS has overstepped its authority.

In these cases, you should consult an attorney to help you challenge the allegations or negotiate a more appropriate plan.

What Are My Rights When Dealing with a DHS-Ordered ISP?

If you’re dealing with a DHS-ordered ISP, you have the right to consult an attorney before agreeing to an ISP. Legal counsel can help you understand the plan’s requirements and potential consequences. If you disagree with DHS’s findings, you can challenge them in court rather than agreeing to an ISP. However, you should be ready to present evidence and arguments to support your case.

Additionally, you have the right to negotiate with DHS about the ISP. You may work with DHS to revise the terms if you believe they are overly burdensome or unreasonable.

Tulsa Child Custody Attorneys

You do not legally have to agree to a DHS-ordered ISP, but refusing to do so can lead to serious consequences, including court involvement and potential loss of custody. If you disagree with the plan or the allegations, consulting with an experienced family law attorney is essential. Cooperation, when reasonable, can often lead to better outcomes for you and your family, but it’s important to approach the situation with both caution and legal guidance.

If you’re dealing with a DHS-ordered ISP, contact Kania Law Office at (918) 743-2233 or online for guidance tailored to your situation.