Legal Ease by
Shane Givens
Aug. 18, 2011
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The DHR safety plan A reader recently e-mailed this question: “The Department of Human Resources has approached me with some concerns over my child being around my new boyfriend. DHR wants me to sign what they call a safety plan, where I agree that it is in my child's best interest to stay with my parents for a while. Do I have to sign?” The short answer is no, you don't have to sign anything from the DHR. But wait. The long answer is more complex. If the DHR receives a call regarding a person and conducts an investigation, the worker in charge may decide that it is in the best interest of the children that certain things happen. For example, if DHR receives complaints that a child is being physically abused, they may suggest to the parent that he or she attend anger management or parenting classes, take random drug tests (if the worker suspects drug use), or place the child with a family member for some period of time, etc. I say “suggest” because that is what the DHR is really doing. They may call them requirements, but DHR does not possess any authority to directly compel a person to do anything. That's why the worker needs a signature before implementing a safety plan, which is simply a signed admission that there are problems that need to be remedied. Hold on, though. If a person refuses to agree to a safety plan DHR can request what is known as a “pick up order” from the juvenile judge. Although DHR does not have direct authority to take custody of children, the judge does. If he or she reviews the evidence presented by DHR and decides that the child is in a dangerous situation, temporary custody may be transferred to DHR. The judge almost always rules this way because DHR is the only one presenting any “evidence”. DHR then picks up the child and places him or her with another relative or in a temporary foster home. If the judge transfers temporary custody to DHR, an initial hearing regarding the matter must be held within 72 hours. At this hearing, DHR will attempt to show the judge that there was probable cause to request the transfer of custody. This is not a final hearing, and the court will only hear evidence pertaining to whether probable cause was proven. (A second hearing is typically held within 30 days.) I usually tell people that if they refuse to sign the safety plan, in most circumstances the DHR will request temporary custody from the judge – which will be granted – and usually retain custody for at least 30 days. It is not an easy decision to make sometimes. Anyone faced with this problem should seriously consider obtaining sound legal advice from an attorney. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |