A DSS abuse and neglect case can change your family forever. It is up to you if that change is for the better or worse.  We work with families every day who are involved in DSS abuse and neglect and termination of parental rights cases. DSS intervention in your family can be scary and is not something anyone plans for.  If DSS is involved with your family, don't assume you can handle it without a lawyer. DSS will insist that a lawyer is not needed, but that is not always the case.

DSS cases may arise in a couple of ways:

(1) A removal case - your children may be removed from your custody. Only law enforcement officers and Family Court Judges can remove children from the legal custody of their parents. If your child is removed from your custody on an emergency basis (emergency protective custody), DSS is required to hold a hearing within 72 hours of the removal for the family court to determine if probable cause exists to keep the children in foster care. After that, a merits hearing must be scheduled within 35 days.

(2) A Family preservation case: Sometimes DSS does not seek to remove your children, at least right away, and they work with your family in a family preservation case to attempt to remedy the reasons for their involvement without separating you from your children. In this situation, DSS will perform an investigation over 45 days to determine if abuse or neglect occurred. At the conclusion fo the DSS investigation, you will receive a case indication letter and determination fact sheet that tells you if DSS has determined that you abused or neglected your child. You have a limited time to appeal this decision if you do not agree with the decision made by DSS.

While DSS caseworkers are tasked with working alongside families to assist them with their treatment services, it often feels very adversarial to most parents who have had their children removed.

 Don’t assume that you do not need a lawyer. Don’t believe DSS when they tell you that you do not need a lawyer. Find out your rights and how the DSS intervention will impact your family and your life.  Contact our office using this short form or call us now at 864-558-0512 or use the form below to schedule your consultation.

In the mean time, here are some resources we have created for those involved in DSS cases:

What happens if DSS removes your children?

DSS Emergency Removal: The 72 Hour Probable Cause Hearing

When Custody is at Issue in a Divorce and DSS already has custody of the children