This section gives parents, guardians, or custodians certain rights during child safety investigations and custody matters, and requires the department to explain those rights.
8-809.01 - Parent, guardian or custodian; rights 8-809.01. Parent, guardian or custodian; rights A. On initial contact with a child safety worker, a parent, guardian or custodian under investigation for an allegation of abuse or neglect has the following rights: 1. To be informed of the specific complaint or allegation against that person and that any responses to the complaint or allegation may be used in a subsequent court proceeding. 2. To refuse to cooperate with the investigation or receive child safety services offered pursuant to the investigation. A child may not be temporarily removed based solely on a parent's, guardian's or custodian's refusal to cooperate with the investigation. 3. Unless otherwise ordered by the court, to deny the worker entry into the parent's, guardian's or custodian's home. 4. To respond to allegations either verbally or in writing and to have this information considered in determining if the child requires child safety services. 5. To report a violation of the rights specified in this section without fear of punishment, interference, coercion or retaliation. 6. To appeal determinations made by the department. 7. To seek the advice of an attorney and to have an attorney present when questioned by a worker. 8. Unless otherwise ordered by the court, to refuse to do any of the following: (a) Sign a release of information document. (b) Consent to take a drug or alcohol test. (c) Submit to a mental health evaluation. 9. To receive information about the investigation and the department's decision-making process. 10. To be informed both verbally and in writing of these rights and any parental rights under state law and to provide written acknowledgement of receipt of these rights. B. If a child safety worker has probable cause to believe that exigent circumstances exist that present an imminent danger to the child, the worker shall take all lawful measures to protect the child pursuant to sections 8-821 and 8-822 before providing the notice of rights pursuant to subsection A of this section. C. Unless parental rights have been terminated, exigent circumstances exist or as otherwise ordered by the court, a parent, guardian or custodian whose child is placed in the department's custody has the following rights: 1. To not have the child taken into department custody without the department providing the reasons for removal and information supporting the removal. 2. To the extent practicable, be immediately notified verbally or in writing that the child was taken into custody. 3. To receive information on the services available to the child, parent, guardian or custodian and the dependency process and timelines. 4. To have an attorney present or an attorney appointed by the court at all court proceedings. 5. To be timely notified of the date, time and location of all hearings and to participate in all hearings. 6. Whenever possible, to participate in the development of a case plan. 7. To receive services if the child has been removed from the home, including services that facilitate reunification of the family. 8. To maintain contact with the child unless it is determined by the department or court to be harmful to the child's safety or well-being. 9. To be consulted about the child's medical care, education and grooming. 10. To request that the child be returned if the court finds by a preponderance of the evidence that the return of the child would not create a substantial risk of harm to the child's physical, mental or emotional health or safety. D. The department shall provide information regarding a parent's, guardian's or custodian's rights pursuant to this section and assistance in understanding and enforcing these rights to each parent, guardian and custodian on initial contact with a child safety worker or when there is a change in the child's case plan. The information shall include the telephone number and email address of the department, the department's office of the ombudsman and the ombudsman-citizen aide. E. If a parent, guardian or custodian believes that the person's rights under this section have been violated, the parent, guardian or custodian or the person's representative may: 1. File a complaint with the department, the department's office of the ombudsman or the ombudsman-citizens aide pursuant to section 41-1376. A formal grievance may be initiated with the ombudsman at any time. 2. Notify the juvenile court in the child's ongoing dependency or severance proceeding, either orally or in writing, that the parent's, guardian's or custodian's rights are being violated and request appropriate equitable relief. The court shall act on the notification as necessary within its discretion to promote the best interest of the child. F. The rights provided in this section do not establish an independent cause of action.