When DSS becomes involved with your family, the decisions you make early in the process can have lasting consequences.

The Law Office of Kyle K. Scott, PLLC represents parents in matters involving the North Carolina Department of Social Services, including child protective services investigations and juvenile abuse, neglect, and dependency proceedings.

Whether you have just been contacted by a social worker, have been asked to sign a safety plan, or are already involved in a court case concerning the custody of your children, having an attorney who understands the DSS process can help you understand your rights, your options, and what comes next.

Contact our office to discuss your situation and how we may be able to help.

Facing a DSS Investigation?

A DSS case does not always begin in a courtroom. When a county department receives a report alleging abuse, neglect, or dependency, North Carolina law requires DSS to assess the report and determine whether protective services are necessary or whether a juvenile petition should be filed.

During this stage, parents may be asked to participate in interviews, home visits, evaluations, drug screens, safety planning, or other services. What begins as an investigation can develop quickly, particularly when DSS believes a child may be unsafe.

You do not have to wait until a court case has been filed to seek legal advice.

Our office can help parents understand the allegations being investigated, communicate effectively with DSS, evaluate proposed safety arrangements, prepare for meetings with social workers, and understand how decisions made during an investigation may affect a later court proceeding.

When DSS Files a Court Case

If DSS files an abuse, neglect, or dependency petition, the case becomes a juvenile court proceeding governed primarily by Chapter 7B of the North Carolina General Statutes. A parent named in the petition is considered a respondent, and the petition identifies the allegations DSS contends justify court intervention.

Depending on the circumstances, these cases can involve:

• Nonsecure custody and the removal or placement of a child;

• Abuse, neglect, or dependency adjudication hearings;

• Dispositional hearings;

• Visitation and family-contact issues;

• Case plans and court-ordered services;

• Review and permanency-planning hearings;

• Reunification and placement decisions;

• Guardianship or custody with relatives or other caregivers;

• Termination of parental rights; and

• Appeals from juvenile court orders.

These proceedings can significantly affect both your relationship with your children and the long-term legal rights of your family. Parents should understand not only what DSS is requesting at the next hearing, but also how today's decisions can affect later stages of the case.

Experience With the DSS Process

Before entering private practice, attorney Kyle K. Scott represented a North Carolina county Department of Social Services in juvenile court proceedings involving allegations of abuse, neglect, and dependency.

That experience provides a practical understanding of how DSS cases are investigated, prepared, litigated, and reviewed by the court.

Today, that experience is used to represent parents and families facing government intervention. Our approach is to identify the legal and factual issues early, understand the evidence supporting DSS's allegations, challenge unsupported allegations when appropriate, and help clients make informed decisions throughout the case.

Every DSS case is different. Effective representation requires more than simply appearing at hearings—it requires understanding where the case is headed and developing a strategy with the client's long-term goals in mind.

DSS Has Taken My Child. What Happens Next?

When DSS obtains nonsecure custody of a child, the case moves quickly. North Carolina's juvenile procedures provide for court review of nonsecure custody, followed by further proceedings concerning the allegations in the petition and the child's placement. The court may ultimately determine whether the child is abused, neglected, or dependent and what disposition is appropriate.

If your child has been removed from your care, it is important to understand:

why DSS sought removal, what evidence supports its allegations, what the court has ordered, what DSS expects from you, what must happen before reunification can occur, and what deadlines and hearings are approaching.

Our office works with parents to understand each of these issues and develop a strategy focused on protecting their rights and pursuing an appropriate outcome for their family.

Do I Have the Right to an Attorney?

When DSS files an abuse, neglect, or dependency petition, North Carolina law provides parents with a right to counsel in the circumstances established by G.S. 7B-602. The court may appoint counsel for qualifying parents who are unable to afford an attorney.

Parents may also choose to retain private counsel.

Private representation may be particularly appropriate for a parent who wants to select their own attorney, obtain advice before a petition is filed, or seek representation concerning DSS involvement that falls outside the scope of a court appointment.

Early Advice Can Matter

You do not necessarily need to wait until DSS files a petition or removes a child before speaking with an attorney.

If DSS has contacted you concerning allegations involving your children, our office can help you understand the process before you make important decisions about interviews, safety planning, services, evaluations, or other requests.

The earlier an attorney understands what is happening, the more opportunity there may be to identify issues and help you respond strategically.