What DSS has to prove
North Carolina law defines three kinds of cases, and each one has its own proof. The definitions are in G.S. 7B-101.
- Abuse. A parent, guardian, custodian, or caretaker inflicts or allows harm the statute lists, beginning with serious physical injury that is not an accident.
- Neglect. A parent or caretaker does not provide proper care, supervision, or discipline, abandons the child, or does one of the other things the statute names.
- Dependency. A child needs assistance or placement because no parent is responsible for the child’s care, or the parent cannot provide care and has no appropriate alternative arrangement.
A report is not proof. A social worker’s summary is not proof. The court decides on evidence, and the evidence can be tested.
How a DSS case moves in Guilford County
- The report and the assessment. DSS receives a report, visits the home, and talks with the children, the parents, and others. What you say and sign during this stage can follow you into court.
- The safety plan. DSS may ask you to sign a plan that moves a child to a relative or limits who can be in the home. Read it before you sign it, and call a lawyer if you can.
- The petition. If DSS files a petition, the case is in district court. The clerk appoints provisional counsel for each parent named in the petition (G.S. 7B-602).
- Nonsecure custody. If the children are removed, no child may be held under a nonsecure custody order for more than seven calendar days without a hearing. The hearing can be continued for up to 10 business days with the parents’ consent (G.S. 7B-506).
- Adjudication. The judge decides whether DSS proved abuse, neglect, or dependency. The hearing must be held no later than 60 days from the filing of the petition unless the judge orders a later date (G.S. 7B-801(c)).
- Disposition, the case plan, and review hearings. If the judge finds the petition proved, the court sets where the children live and what each parent must do, and the case returns to court for review.
The Responsible Individuals List and the 15-day deadline
When a DSS assessment ends in a finding of abuse or serious neglect and names you as a responsible individual, the director must personally deliver written notice to you (G.S. 7B-320). You then have 15 days from receipt of that notice to file a petition for judicial review in district court (G.S. 7B-323(a)).
If you do not file in time, your name goes on the Responsible Individuals List without a hearing (G.S. 7B-311(b)). The State may share information from that list with child care, foster care, and adoption providers who screen people for work with children. For a teacher, a nurse, a coach, or a child care worker, that list can end a career. Do not wait out the 15 days.
When there is a criminal charge too
A DSS case and a criminal case often start from the same report and run side by side. A statement given to a social worker can reach the district attorney. We defend both cases, and we plan every step in one with the other in mind.
What to bring to your consultation
- Every paper DSS has given you, including any safety plan you signed.
- The petition, summons, and any custody order, with every court date.
- Any Responsible Individuals List notice, and the date you received it.
- The names of the social workers and supervisors on the case.
- School, medical, and counseling records for the children, if you have them.
- A list of people who know how you parent and can speak to it.
How Huggins Law Firm handles DSS cases
We do not accept the DSS report as fact. We get the records, find the people DSS did not talk to, and prepare every hearing as though it will be contested. We tell you the hard truth about your case, and we treat your family the way we would want ours treated. Hablamos español.
Questions parents ask us
Do I have to answer the social worker’s questions right away?
You can ask to speak with a lawyer before you answer questions or sign anything. What you say and sign during an assessment can be used later in court. Call us before you decide.
Is a safety plan the same as a court order?
No. A safety plan is an agreement DSS asks you to sign, not an order entered by a judge. It can still have serious consequences for where your children live, so read it carefully and talk with a lawyer before you sign if you can.
Will I get a lawyer if I cannot afford one?
Yes, if you qualify. A parent named in an abuse, neglect, or dependency petition has the right to counsel and to appointed counsel if indigent, and the clerk appoints provisional counsel for each parent named in the petition (G.S. 7B-602). You may also hire your own lawyer.
If DSS takes my children, how soon will I see a judge?
No child may be held under a nonsecure custody order for more than seven calendar days without a hearing. That hearing can be continued for up to 10 business days with the parents’ consent (G.S. 7B-506).
How long does DSS have to prove its case?
The adjudication hearing must be held no later than 60 days from the filing of the petition, unless the judge orders that it be held later (G.S. 7B-801(c)).
What is the Responsible Individuals List?
It is a list the State keeps of people found responsible for abuse or serious neglect. Information from it may be shared with child care, foster care, and adoption providers who screen people (G.S. 7B-311(b)).
How long do I have to challenge a Responsible Individuals List notice?
15 days from the day you receive the notice. The challenge is a petition for judicial review filed in district court in the county where the report arose (G.S. 7B-323(a)). If you miss it, your name goes on the list without a hearing.
Does a DSS case give me a criminal record?
An abuse, neglect, or dependency case is a civil case in district court, not a criminal prosecution, and it does not by itself create a criminal conviction. A criminal charge from the same facts is a separate case. A Responsible Individuals List placement is also separate and can affect work with children.
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This page is general information about North Carolina law, not legal advice for your case. Contacting us does not make us your lawyer.