Virginia Department of Social Services: What You Need To Know

The Department of Social Services (“DSS”) is an organization created by the Virginia government. DSS was created to help people get state and federal benefits, protect children from abusive parents, prevent people from taking advantage of individuals with disabilities or special needs, and help with adoption proceedings.

If DSS has become involved in your life, it is because there is some concern about a friend or family member that needs help or protecting. Alternatively, you may be under investigation for some alleged wrongdoing. What do you need to know before you interact with DSS?

DSS Works With Law Enforcement

In order to provide people with the protection or services they need, DSS works closely with local law enforcement. Law enforcement may be notified about any information that DSS obtains during their investigations.

For example, if DSS is doing a family assessment on your family, and you admit to leaving drugs or alcohol in areas where children are located, that information could make its way to law enforcement. If you admit to using any controlled substances to DSS, that information may also make it to law enforcement. Be careful about what you admit to DSS.

There Are Several Types of DSS Workers

There are several different types of workers that are employed. During the time you are working with DSS, you may meet several different individuals. It is important to know who these individuals are and what their roles are. That way, if you have any questions about the status of your case, you will know who to talk to.

If you are dealing with a child that has been placed in foster care, you will likely have at least two (2) different workers. There will be a worker who does the initial investigation to determine placement options, and a worker that works directly with the foster care provider. If you have questions regarding how a child is adapting to foster care, the foster care worker is the better person to speak to.

DSS is Trying to Help

If you are the subject of an investigation, if you believe a child or an adult with disabilities is being abuse, or if your children have been taken away, keep in mind that DSS is trying to help your family. You should immediately report any possible family abuse. DSS’s goal is rarely to initially prevent someone from ever seeing their family again. DSS is there to try and identify safety and health issues that would make the home unfit.

If a family member has been taken away or placed under a protective order, DSS is required to work with you to identify services that can help return the child to your home. Some common types of services include substance abuse evaluations, mental health evaluations, in-home therapy, parent mentors, medication management, and family meetings at DSS’s office. The types of services that will be recommended depend largely on the needs of each individual family. You may have more or fewer services depending on why DSS is involved.

Why You Need a Lawyer if DSS Contacts You

As previously stated, DSS works closely with law enforcement. Additionally, DSS has a heavy caseload and may delay in getting you the services you need. If you say the wrong thing to DSS you could be subject to criminal proceedings. Alternatively, a delay caused by DSS may result in a significant period of time where you could have your child returned to you. A lawyer can help you understand what information could be dangerous to share, how best to receive the services your family needs, and how to interact properly with DSS. If DSS is involved in your family, make sure you consult a lawyer.

Virginia Domestic Relations: Family Abuse Protective Order

Domestic violence can happen to any family. If you or your children have been the subject of domestic violence, there are several protections under the law that are available to you. The court system has the power to protect you and your children from family members that are threatening or engaging in physical harm.

So what powers does the court have, and what do you need to know when requesting a protective order?

What is the Definition of Family Abuse?

A protective order can be granted by the court in circumstances in which you or your children have been the subject of family abuse. Family abuse is defined as “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person's family or household member.”

Family abuse can be as simple as a Father or Mother threatening to hit their children with an object of some kind. There does not need to be an actual physical attack to qualify as family abuse.

What Should You Do If You Were Subject to Family Abuse?

The first thing you need to do is to go to your local court and speak with the intake office about why you feel you have been the subject of family abuse. Documents will be sent to the judge and the judge will decide if the facts you have given are enough to prove family abuse. If you have established family abuse, the court then has a number of options. The first thing the court will do is enter an emergency protective order. If the court feels you were not subject to family abuse, then the court will deny your request. Either way, you also be given a court date in five (5) days for the court to determine whether a longer protective order is necessary.

What is in a Protective Order?

A protective order can have a number of different provisions. The court can require that the abuser vacate the home, turn over certain vehicles, let you keep telephones, prohibit contact, and much more. Protective orders can also vary in how long they are granted for. They can range from as much as two (2) years to as little as two (2) weeks. It depends on the severity of the case.

Why Hire a Lawyer?

Even if you file for a protective order and receive a preliminary one, it is important to hire an attorney to advocate for you in court. You must still meet your burden of proof for the judge to extend the protective order. Contact a lawyer if you have been the subject of family abuse.