April 4th, 2014
Dealing with social services regarding the care and protection of your child can be a very frustrating and confusing time. You may have lots of questions and feel very uneasy about letting a social worker into your home.
Letting someone into your home is a very personal matter and your decision to not let someone in should not be a factor in how the social services worker deals with your case. You may simply be a private person who is doing absolutely nothing wrong. So do you have to let in the social worker?
Whether or not a social worker has any legal rights to go into the home without your permission is based upon your circumstances. In most cases, the social worker cannot go in without your permission if the children are still in your home. While they may want to interview you, your children, and anyone else in the home, you do not have to let them in if they do not have a warrant or court order. They cannot invade your property without your say so. There are strict rules and guidelines pertaining to every part of your social services matter.
Sometimes the social worker shows up with an officer. Again, without a court order or warrant they are not allowed in your home. However, they may make every attempt by telling you it’s necessary that they go in your home. Both the social worker and the police officer may be very aggressive, but again, the decision is still yours. Anyone coming into your home must have the legal documentation to prove they can. Now, in some extreme cases the social worker or police officer may enter your home under exigent circumstances. Basically, they must see something upon opening the door that can be an extreme danger. This could be a child completely alone, someone doing drugs, or even an act of domestic violence happening right then. At this point, they are completely bound by law to enter your premises and do what’s necessary in regards to the children.
You may have come across this issue after a social worker has come to your house, or you may have other issues in regards to social services. You need an experienced attorney who can help walk you through the process of keeping your children or getting them back, all while not setting yourself up for failure by letting people into your home or answering questions that may be used against you later in a case. Let us answer your questions and help you through this difficult process so that your family can be made whole again.
To learn more about child custody law, I encourage you to explore our educational website at http://www.helpfightcps.com If you have legal questions, please call us at (877) 696-3303 . I welcome your call.
Vincent W. Davis & Associates
Offices in the Following Counties:
Los Angeles
Orange
San Bernardino
Riverside
Offices in the Following Counties:
Los Angeles
Orange
San Bernardino
Riverside
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