Child Abuse and the Child Welfare Program of the Deparment of Human Services
by: Legal Aid Services of Oregon
CONTENTS
What should I do if my spouse or someone I live with is abusing my children?
What should I do if someone from the Child Welfare Program of the Department of Human Services wants to talk to me about my children?
When can the state's child welfare agency take my child?
What should I do if my child is taken from me and placed in foster care?
Will there be court hearings if DHS's Child Welfare Program takes my child?
When do I get my child back?
If DHS has custody of my child, should I cooperate with them?
What type of services does the Child Welfare Program of the Department of Human Services provide?
Can I visit my child who is in DHS's custody?
If my child has been taken from me and placed in foster care or a state training school, do I have to pay for the child's support?
Can the Child Welfare Program of the Department of Human Services take away my child permanently?
What should I do if my spouse or someone I live with is abusing my children?
Except as explained below, the law does not require you to report abuse to the police or to the Child Welfare Program of the Department of Human Services (DHS). But if you believe that your children are being abused by someone you live with, you should protect your children by contacting DHS, by making sure the abuser leaves and that your child gets treatment, or by urging the abuser to report the abuse or get counseling. You may also be able to get help from Parents Anonymous, a group for parents who have been involved with abuse situations. Your phone book or your local health department will have the phone number.
Certain people are required to report child abuse. Counselors, doctors, school employees, and other public and private officials are all required to report abuse or suspected abuse. Lawyers, psychiatrists, psychologist, and members of the clergy (priest, rabbi, minister, etc.) don't always have to report (if the law considers the information privileged).
If your children are being abused, you should get help right away. If you know that your child is being abused and you do not do anything to stop the abuse, you could lose custody of your child because of your failure to protect.
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What should I do if someone from the Child Welfare Program of the Department of Human Services wants to talk to me about my children?
If the Child Welfare Program of the Department of Human Services (DHS) believes that a child is in danger, it is DHS's job to investigate the situation and to take steps to protect the child. If DHS wants to talk to you, you do not have to cooperate. If you do, you should be aware that anything you tell DHS or the police can be used against you. But you should not do anything to get in the way of the investigation. If DHS is investigating you, it is a good idea to talk to a lawyer.
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When can the state's child welfare agency take my child?
DHS's Child Welfare Program (or the police) can take your child in only three cases:
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They believe your child is in immediate danger (such as a young child being left alone or a child left in a car or home where drugs are made or sold or being exposed to domestic violence);
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They have a warrant from a judge to take your child;
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They believe your child has broken certain serious laws. Return to top
What should I do if my child is taken from me and placed in foster care?
Try to get an attorney right away to represent you. If you cannot afford a lawyer, ask the judge to appoint one for you. You are most likely to get a court-appointed lawyer if DHS wants to have the child live in foster care for a long time or if criminal charges (like for sex abuse) could be filed. In some counties, almost all low-income parents get attorneys. If you are low-income and DHS has filed to permanently end your parental rights, you definitely have the right to have a court-appointed attorney.
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Will there be court hearings if DHS's Child Welfare Program takes my child?
Yes. The first hearing will take place within 24 hours, not counting weekends. The judge will decide if it is safe for your child to return home, or if you need any emergency services to make it safe to bring your child home. You have the right to be at this hearing and to tell the judge, by yourself or through your lawyer, why your child should or should not come home.
There will be another hearing approximately two months after the case starts, unless you tell the judge that you agree that DHS should have custody or that the court should have legal control ("wardship") of your child. The judge will also decide about plans and services for your child. You and your attorney have the right to participate at any hearings about custody and services.
Later on, there will be reviews of your child's situation. You and your lawyer can ask for a hearing at any time to try to end the court's wardship or DHS's custody.
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When do I get my child back?
When DHS or the judge believes that you can take care of the child. Recent state and federal laws require DHS and the judge to act quickly, either to return your child or to make an alternative plan. You will need to act quickly, too, to get your child back.
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If DHS has custody of my child, should I cooperate with them?
Yes. DHS has two duties when it takes custody of your child: (1) to look after your child's best interests, and (2) to help you as a parent solve the problem that led to DHS taking custody. If DHS believes you have solved your problems and can take care of the child, DHS will return your child to you. Sometimes the judge can order that your child be returned to you even if DHS disagrees. You will have a much better chance of getting your child back if you work with DHS and accept their services.
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What type of services does the Child Welfare Program of the Department of Human Services provide?
- Parenting classes
- Counseling for families and individuals
- Homemaker and caretaker services
- Emergency shelters
- Emergency financial assistance
If you are working with DHS because there is a court case about your children, DHS should prepare a written service plan for your family. Ask for a copy of this plan. If the plan states that you should be getting services from DHS, ask for these services in writing and keep a copy of your letter.
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Can I visit my child who is in DHS's custody?
You will probably be allowed to have visits, but DHS will decide the kind of parenting time that is allowed. Sometimes it is very limited. DHS may require the visits to be supervised.
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If my child has been taken from me and placed in foster care or a state training school, do I have to pay for the child's support?
If you have enough money, you may be required to help support the child. You have the right to have a court or agency hearing if you disagree with the amount you are asked to pay.
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Can the Child Welfare Program of the Department of Human Services take away my child permanently?
Only a judge can take away your child permanently, but DHS will recommend to the judge whether or not your parental rights should be ended. If "termination of rights" papers are filed, you have a right to a court-appointed attorney if you cannot afford to hire one.
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