Be Open With DHS
Video Transcribed: What should a grandparent do when DHS comes calling? Hi, I’m Tulsa Grandparents Rights Attorney, Justin Mosteller, and I’m here to have a little conversation with you today about this topic. Now, the first thing that you should do if DHS contacts you about the matter is, to be honest with the DHS. But I also think it’s very important if you can, have representation with you when you have that conversation with DHS.
DHS won’t hold it against you. They won’t think it’s suspect. Everyone is nervous when DHS is concerned. Absolutely go in there with help. Somebody that can give you some guidance. But when I go on interviews with DHS with my clients, I always tell them first and foremost, be honest, because as a grandparent you are most capable of helping the children and grandchildren in this case by being honest with DHS and maintaining that credibility.
Transparency is really the watchword. You want to be open with DHS. Unless there’s something that really in your background is going to be problematic. In which case, that scenario may require you to take a little more hands-off approach for later in the trial. But as far as possible, cooperate with DHS and be transparent and honest with them. Typically, when DHS is contacting you as a grandparent, it’s for one of a couple of reasons.
The first reason that you might be contacted is that an investigation is being undertaken regarding the parents of your grandchild. In which case, honesty is important even if it might hurt your children. It will help the grandchildren. In the second scenario, they might be contacting you to be a placement for the grandchild in a deprived case. A deprived case occurs whenever a state takes custody of the children because of some kind of abuse, neglect that’s going on in the home.
In that scenario, you really do need to absolutely be honest with DHS. Be a clear alternative to the parents in terms of a safe place for the children to be. Differentiate yourself as much as possible from the parents in terms of your capabilities to protect the child and act in the child’s best interest. Understand that as placement, you are not the parent. If you are a foster placement for the grandchild, the state has custody of the child, not you. You will need to act under DHS’s guidance. If they tell you to do something, you really need to do it. That’s very important.
Failure to do what DHS requires can be grounds for a change in placement, and that can be very difficult to fight because the courts don’t often question DHS’s judgment in these matters. Even when they should, they usually don’t. It requires a lot of effort to undo a mistake versus a very little bit of effort to avoid making a mistake in the first place.
That’s the idea. Be transparent. Be honest if possible, and set yourself up to maintain your credibility for later in the case if the worst should happen and the state should take custody. You want to be a reliable place for DHS to place the children, so you want to create that distinction. Hopefully, this answers some of your questions. If you have any more questions, feel free to seek counsel from our office to speak with a Grandparents Rights Attorney in Oklahoma.