Parent's rights and responsibilities in Children Services cases

Your rights in a Children Services case

If you are being investigated by Children Services, you have rights to:

• Request a lawyer. You have the right to talk to a lawyer. You do not need the court’s permission to request or hire a lawyer. You may request a lawyer at any time. If you cannot afford a lawyer, the court may appoint one for you. To request a free lawyer, call the court and ask how counsel is assigned in abuse, neglect and dependency cases. Follow the court’s instructions. You may need to take steps like filing a form, calling someone, coming to court at a specific time or taking other required action.
• Get clear information. You have the right to get information you understand. If you cannot understand information because English is not your first language or because you have problems hearing or reading, Children Services must help you or provide an interpreter. 
• Ask questions. You have the right to ask questions and receive answers in language you understand.
• Help write the Case Plan. After a Children Services assessment, you and the caseworker work together to write a Case Plan that includes the steps you should take and the services you should use. You have the right to help write the Case Plan. You know your child best. Tell your caseworker what services you think are helpful. You have the right to know why the services are chosen and how they help you and your family.
• Refuse a safety plan or Agreement for Temporary Custody of Child. You have the right to refuse a safety plan or an Agreement for Temporary Custody of Child. A safety plan allows the child to remain in your custody, while the Agreement for Temporary Custody does not. If you sign an Agreement for Temporary Custody of Child, you have the right to cancel your permission at any time. To cancel your permission, contact the Children Services agency. If you refuse a plan, Children Services may request more authority from the court to make decisions about your child to keep your child safe.
• Visit your child. If your child is placed in kinship or foster care, you have the right to visit your child, unless the court decides it is unsafe. 
• See all paperwork. You have the right to see all papers given to the court.
• Tell your side of the story. If you go to court, you have the right to tell your side of the story to the judge.
• Make a complaint. If you have concerns about the work of Children Services, tell your caseworker or call the Children Services office. You may also submit a complaint to the Family Ombudsman, who will listen and independently investigate your concern. 

Your responsibilities in a Children Services case

To complete the case and maintain a safe environment for your child, you have responsibilities to:

• Follow the court’s rules. You must follow the court’s rules. If your child is placed in kinship or foster care, you must follow the court’s rules during visits, even if the child is placed with family members or friends you know.
• Ask questions. Make sure you understand information and required steps to keep your child safe and complete the case. Take notes to help you remember important information. If you do not understand anything, ask questions to Children Services or your lawyer.
• Follow your Safety Plan and Case Plan. You and the caseworker create plans for keeping your child safe. Follow the steps in the plans. You must meet your Case Plan goals to complete the case. Learn more about the Safety Plan and Case Plan that you create with a caseworker during a Children Services assessment.
• Attend hearings. If you must go to court, Children Services tells you when and where hearings are scheduled. You should attend all scheduled hearings.
• Be polite and respectful. You should be polite to workers from Children Services and the Court. You may disagree with their opinions, but you should treat everyone respectfully to help finish the case smoothly.