Marijuana use is more likely to arise as a secondary concern – once DSS has gotten involved, you may be subjected to drug tests. Failed drug tests, even for a “not-quite-legal” drug like marijuana, can result in removal of the children, loss of custody of the children, or even termination of parental rights.
What are my rights with DSS in SC?
Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.
How long does DSS investigation take in SC?
DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.
How does DSS work in SC?
DSS will usually do an emergency investigation within 24 hours of taking your child. DSS will try to figure out if it should take legal custody of the child, return the child home, or place the child with a relative.
Can you refuse a drug test for DSS in NC?
6. County DSS child welfare agencies cannot require, demand, or otherwise compel caretakers to undergo drug screening. to risk for the child, a drug screen can be requested of the caretaker.
How do you fight DSS in SC?
Get Help – Call (843)406-7737. If you’ve been accused of child abuse or neglect, or are involved in a case as a caregiver or custodian of a child, we’re here to help. Click on the “Contact Us” page and fill out the contact form.
Can you sue DSS in SC?
You can, but you have an uphill battle against the state department of social services (DSS) in court. If you believe that they have discriminated against you or removed your child for no reason, you may be able to sue in federal court.
Can social services take my child away without evidence?
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
What is considered child neglect in SC?
Neglect is when a parent or guardian does not provide for the basic needs of a child, though capable of doing so. Neglect can include not meeting physical, medical, educational or emotional needs.
What happens if social services comes to your house?
You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).
What do social services look for in a home visit?
Aside from having a clean and livable space, your social worker will also look to see if your home is free of any hazards. Make sure there is nothing that could make your home dangerous. This could mean ensuring wires are tucked away and unused outlets are covered.
What happens when a child is taken by social services?
If there have been immediate concerns for your child’s safety, social services may have involved the police and there might not have been time for them to apply for a court order to remove your children. In this situation your child can stay in police protection for 72 hours at the most.
What is child protective services called in South Carolina?
Carolina Department of Social Services
Child Protective Services – South Carolina Department of Social Services.
Do you have to take a drug test for DSS in SC?
Drug Treatment and Drug Testing by DSS:
SC Code Section 63-7-1690 authorizes DSS to require a parent – or any other adult living in the home – to complete a substance abuse treatment program and submit to random drug tests before the child is returned to the home.
What can a hair follicle test for?
A hair follicle drug test may focus on detecting one specific drug in the hair or on detecting several substances in a hair follicle drug panel. One commonly used hair follicle drug panel looks for evidence of the use of five drugs or drug classes: marijuana, amphetamines, cocaine, PCP, and opioids.
Can a social worker drug test you?
Instant drug tests
Social workers regularly use our urine pots on site as they are ideal for testing to give an immediate result. Oral fluid drug testing involves analysing a saliva sample for particular substances.
What happens when a parent is reported to social services?
If they suspect a child might be at risk of harm, they have to look into the child’s situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.
How do I file for emergency custody in South Carolina?
To file for emergency custody, you and your attorney first file a motion for what’s called “emergency temporary relief,” along with supporting paperwork. A South Carolina Family Court Judge reviews these documents and decides whether the situation warrants an emergency custody hearing.
What happens when a parent is accused of abuse?
A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.
Can I sue social services for taking my child?
The answer is yes, you can take legal action against if this has happened to you or someone that you love. You could be able to make a claim irrespective of whether the abuse or negligence that you have suffered happened recently or a long time ago when you were a child.
When should I call DSS SC?
For 24/7 reporting of suspected abuse and/or neglect of a child or vulnerable adult. For reports of suspected child abuse and/or neglect that occurs in foster care placements or at child care facilities.
