YOUR CHILD HAS BEEN INJURED. YOU ARE GOING TO THE HOSPITAL.
Before You Answer Questions — Understand Your Constitutional Rights.
The Constitutional Reality Every Georgia Parent Must Know
The United States Supreme Court has repeatedly affirmed that parents have a fundamental liberty interest in the care, custody, and control of their children under the Fourteenth Amendment.
This is not a policy preference. It is a constitutional right.
Government interference with that right requires due process of law.
You are also protected by the Fourth Amendment against unreasonable searches and seizures — including entry into your home and interference with your family.
Those rights do not disappear because you walked into an emergency room.
When DFACS becomes involved, the situation can escalate to court proceedings and potential REMOVAL of a child pending further hearings.
How a Hospital Visit Becomes a Government Investigation
Under O.C.G.A. § 19-7-5, medical professionals are mandatory reporters.
If they suspect abuse or neglect — even without certainty — they are required to notify DFACS.
The reporting threshold is intentionally low.
A fracture, bruise, head injury, or explanation that appears inconsistent can trigger a report.
Once a report is made, DFACS must assess the situation.
An assessment can evolve into an investigation.
An investigation can result in a juvenile court petition.
A juvenile court petition can result in emergency REMOVAL orders while the case proceeds.
IF DFACS IS CONTACTED — CALL EPPS LAW GROUP IMMEDIATELY.
Your Rights During a DFACS Investigation
DFACS is not law enforcement, but its findings can lead to court action.
Parents retain constitutional protections during investigations.
You have the right to consult with counsel before participating in formal interviews.
You have the right to understand any documents presented to you before signing.
Any court action affecting custody must comply with due process requirements.
Removal from a parent generally requires judicial authorization unless exigent circumstances are alleged.
If a court authorizes REMOVAL, hearings move quickly and decisions can occur within days.
Failure to Protect Allegations
If one parent becomes the focus of suspicion, DFACS may investigate the other parent under a theory known as 'failure to protect.'
This allegation asserts that a non-accused parent allowed risk or failed to prevent harm.
Failure-to-protect claims are frequently used to initiate dependency proceedings against both parents.
Dependency proceedings can lead to the REMOVAL of a child from both parents while the case is litigated.
Why Immediate Legal Guidance Matters
The first 24–48 hours after a hospital report are often decisive.
Statements made during initial questioning can later appear in court filings.
Safety plans can restrict custody before a judge reviews the case.
Once a petition is filed, procedural deadlines accelerate.
Early intervention allows counsel to ensure constitutional safeguards are respected from the outset.
DO NOT WAIT FOR A COURT DATE. IF DFACS IS INVOLVED — CALL NOW.
EPPS LEGAL — DEFENDING PARENTS’ CONSTITUTIONAL RIGHTS IN GEORGIA.
5-Star Reviews
READ WHAT OUR CLIENTS ARE SAYING ABOUT US
-
"Appreciate this experience"Honestly, I was very worried for this case that I had. But Mr. Epps and his assistant are extremely helpful and comforting. They answered every single question I had without any issue, and in the end got my case dismissed. 100% would recommend and believe he is amazing at his job!!- Sarah
-
"Amazing"With such a short amount of time, he delivered the exact results I needed and I am so grateful for his service + patience! A true superstar- Moyo
-
"Great communication"Epps is a lifesaver. He handled my complex case, explaining every step along the way. Great communication, answers calls and questions. Would definitely recommend.- Donald
-
"The best of the best"One of the best lawyer that I ever met in my life. I can’t describe how much gratitude I have for him and the most up respect I have for Kyle. He saved my life from being locked up for a long time. Thank you Kyle!- Anonymous
-
"Excellent service!!!"Kyle knew exactly what was needed to handle my case. His no nonsense approach is what I was looking for. The Epps Law Group, will always be my “go to” legal team.- Shaun
-
"Great job"
I'm glad whit all you guy. You did a great job representing me in all this case. Thank you so much
- Rodwin -
"The Hodge Family Approves"Attorney Kyle Epps and his legal team provided exceptional assistance across multiple cases. Epps's direct approach ensured clear communication and straightforward guidance at every turn. What truly stood out was their caring and dedicated manner—they went above and beyond to support me throughout each case. Their commitment to achieving the best outcomes was unwavering, leaving no detail overlooked. I'm immensely grateful for their expertise and professionalism, and I highly recommend Attorney Epps and his team to anyone seeking stellar legal representation.- Anonymous
-
"An amazing attorney & team"I can’t thank Mr Epps and his firm for the wonderful job they did for my son. We left court today in awe with the out come of his case. With looking at possible jail time and 3 years probation he walked away with one year probation and his record will be cleared once completed. Mr Epps has represented other family members as well with great out comes.
I definitely recommend Mr Epps and his firm if your in need of an attorney. He not only stands up to bat for you but treats you like family.- Joan
With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.
Why Choose Us?
See What Sets Us Apart
-
Dedicated TeamSkillful legal counsel that carefully and meticulously examines all aspects of the case for critical information.
-
Unquestioned IntegrityA reputation of treating judges and prosecutors with honesty allowing him to be taken seriously when it could matter the most.
-
Former Police OfficerThe knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
-
30 Years of ExperienceOver 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.
