What Are My Parental Rights In a DHS Investigation in Oklahoma

A DHS investigation is one of the most stressful experiences an Oklahoma family can face. In our practice at Kania Law Office, we often see parents who are terrified, confused, and unsure of their boundaries when an investigator knocks on their door. Understanding your parental rights in a DHS investigation is the first step toward protecting your family and ensuring a fair process. Below is a guide to your fundamental rights during an Oklahoma Department of Human Services (DHS) investigation.

The Right to Be Informed

In Oklahoma, you have the right to know the nature of the allegations against you. While DHS must keep the identity of the reporter confidential (meaning they cannot tell you who called), the investigator must inform you of the specific complaint.

• Initial Contact: At the first point of contact, DHS should provide a brief, written explanation of the investigation process.
• The Findings: Once the investigation is complete, you have the right to receive a letter informing you if the allegations were “substantiated” (evidence was found) or “unsubstantiated.”

Fourth Amendment Protections & Your Home

Many parents believe they must let a DHS worker into their home immediately. However, the Fourth Amendment’s protection against unreasonable searches applies to social workers just as it does to police.

• Warrants and Consent: Unless there is a court order, a warrant, or an immediate “exigent circumstance” (an emergency where a child is in imminent danger), you are not required to allow DHS into your home.
• Voluntary Cooperation: You can choose to cooperate and allow a home visit, but you also have the right to request that the meeting happen at a neutral location or in the presence of your attorney.

The Right to Legal Counsel

One of the most important rights you have is the right to seek legal counsel at any stage of the process.

• Don’t Wait for Court: You do not have to wait until a petition is filed in court to hire an attorney. Having a lawyer present during interviews can prevent you from inadvertently saying something that could be used against you.
• Attorney-Client Privilege: Your conversations with your lawyer are private, ensuring you can speak freely about your situation.

Right to Refuse Interviews

You are not legally obligated to speak with a DHS investigator or answer their questions without a court order. While many parents believe that “refusing to talk makes them look guilty,” it is often safer to have a legal representative facilitate the communication.

Rights Regarding Medical Records

DHS may request access to your child’s medical or school records. While Oklahoma law allows them to obtain certain records without a court order during an active investigation, you have the right to know what is being accessed and to review the records filed with the court (unless doing so would jeopardize a criminal investigation).

What to Do If DHS Contacts You

1. Stay Calm: Emotions run high, but being aggressive or hostile can be documented in the investigator’s report.
2. Ask for Identification: Verify the name and credentials of the worker.
3. Take Notes: Document everything the worker says and does.
4. Contact an Attorney Immediately: Before signing a “Safety Plan” or agreeing to an interview, consult with a professional who understands Oklahoma child welfare laws.

Oklahoma Child Custody Attorney

If you are currently facing a DHS investigation and want to ensure that your rights in a DHS investigation are protected, the Oklahoma DHS attorneys at Kania Law Office can help you. A DHS investigation can get out of hand, and an experienced child custody attorney can help navigate the process. For a free and confidential consultation with a local family law attorney, call 918.743.2233. Or you can ask an online legal question by following this link.