DFACS INVESTIGATIONS IN GEORGIA

When DFACS Shows Up – Protect Your Rights Immediately

When the Georgia Division of Family & Children Services (DFACS) contacts you, an investigation has already begun.

DFACS operates under statutory authority in O.C.G.A. Title 49 (Social Services), Title 15 (Juvenile Code), and O.C.G.A. § 19-7-5 (Mandated Reporting).

These investigations can escalate quickly into court proceedings affecting your parental rights.

CALL THE EPPS LAW GROUP IMMEDIATELY IF DFACS HAS CONTACTED YOU.

1. When DFACS Calls About Your Parenting

Mandated reporters such as teachers and medical professionals must report suspected abuse or neglect.

The threshold for a report is low. The consequences can be serious.

DFACS may request interviews, inspect your home, or develop a safety plan.

In some cases, DFACS may seek the removal of a child through juvenile court proceedings.

You have the right to consult counsel before answering questions or consenting to any searches or interviews.

Do not meet with DFACS alone. Call before you speak.

2. When Your Child Is Accused of a Crime

If a child is accused of delinquency under Georgia law, DFACS may become involved.

Investigations may shift toward dependency or supervision concerns.

Dependency proceedings can result in temporary REMOVAL of a child into DFACS custody or custodial time at a RYDC (regional youth detention center)

Statements made during investigations can later be used in court. Early representation protects both parent and child.

If your child has been charged and DFACS is involved, call immediately.

3. When Your Child Is a Victim of a Crime

DFACS may open an investigation to evaluate safety conditions after an incident involving your child.

Investigations sometimes expand beyond the initial report.

If DFACS believes safety concerns exist, they may seek court-ordered REMOVAL.

An attorney ensures interviews remain appropriate and limited in scope.

Protect your family before the investigation expands.

4. When Something Happens at School

School incidents frequently trigger DFACS referrals.

Even minor events can lead to administrative investigations.

School reports can escalate into court petitions and potential REMOVAL proceedings.

You are not required to consent to home entry without lawful authority.

You are entitled to counsel at every stage. School officials often conduct their own investigations without involving law enforcement or, sometimes, conduct their investigations with law enforcement in the room so that they get around constitutional protections.

If the school has contacted DFACS, call before responding further.

Failure to Protect Allegations Between Spouses

If one spouse is charged with a crime—especially involving family violence, drugs, or alleged abuse—DFACS may investigate the other spouse for 'failure to protect.'

This theory alleges that the non-accused parent allowed risk or failed to act and expose the children to violence and/or inappropriate environments.

Failure-to-protect allegations are often used to initiate dependency proceedings and can lead to REMOVAL of a child from both parents.

These proceedings move quickly and may result in temporary custody transfers while the case is pending.

Immediate legal intervention is critical to prevent escalation.

If your spouse has been charged and DFACS has contacted you, call immediately.

Understanding DFACS Authority and Your Rights

DFACS can investigate and petition juvenile court.

DFACS does not have independent law enforcement authority to force entry without consent or court authorization.

Judicial approval is generally required for custody intervention absent exigent circumstances.

Court involvement can result in temporary REMOVAL orders pending further hearings.

Parents retain constitutional protections throughout the investigation process.

Why Early Representation Matters

The first 24 hours of a DFACS investigation often determine its trajectory. They are not going to go away simply because they offer you a safety plan to sign, which often is a device that is used to gain more information against you that will be used against you later. Everything you say to a member of the Department of Family and Children Services will be documented and used against you later. No matter how good your intentions are, this is often a problem throughout cases that appear in juvenile court. They will ask you to sign releases so that they can obtain medical records to speak to your psychiatrist or psychologist or anyone you go to for counseling. This will include the children, if they're going to counseling. So, anything that's told to the counselors in confidence will now be reachable by the Department of Family and Children's Services. We can help prevent this.

Early Attorney Intervention can structure interviews, review safety plans, and prevent unnecessary escalation.

Once a REMOVAL petition is filed, timelines accelerate and options narrow.

Call Epps Law Group immediately for a confidential consultation.
Protect Your Family. Call Now.