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FAQ
School interview questions parents ask.
Can DCFS interview my child at school without telling me?
Yes. California law does not require DCFS or the school to notify a parent before a DCFS social worker interviews a student at school as part of a child welfare investigation. The interview can happen without any prior contact with the parent.
Can I ask the school to call me if DCFS shows up?
You can put the request in writing to the principal. Many schools will honor it as a matter of administrative practice, although they are not legally required to delay an interview until you arrive. The written request creates a paper trail and may influence the school's response.
Does my child have to answer the social worker's questions?
No. A child cannot be compelled to answer. The child can decline, ask to call a parent, ask for a trusted adult to be present, or simply say "I don't want to talk right now." None of these responses can be used as evidence of wrongdoing.
Can I refuse to let DCFS interview my child?
If the interview is happening at home, you can refuse. If it is happening at school during the school day, your ability to prevent it is limited because you are not present and the school is permitting access. Your child still has the right to decline to answer.
Can I be present during a school interview of my child?
Generally no. The social worker can decline a parent's request to be present, and often does, on the theory that parental presence affects the child's responses. If the interview has not yet started and you can arrive in time, you can request to be present, but you may be denied.
What if the social worker scared or pressured my child?
Document what the child reports about the interview in writing the same day. The reliability of child statements obtained through suggestive or coercive questioning is a legitimate evidentiary issue at jurisdiction. Forensic interview standards and case law including In re Cole Y. address the admissibility and weight of child statements obtained by social workers.
Who reported me to DCFS through the school?
You generally won't be told. CANRA reporters have confidentiality under Penal Code § 11167(d), and DCFS does not disclose reporter identity to the family. You may be able to infer the source from context (a teacher who saw a mark, a school nurse who treated an injury, a counselor who heard something), but DCFS will not confirm.
Can the school turn over my child's records to DCFS?
In a CANRA investigation, yes. Schools generally cooperate with DCFS document requests as part of an open investigation. Education Code § 49076 permits disclosure of student records to authorities investigating child abuse without parental consent in most cases.
What if my child has special needs?
A child with an IEP, 504 plan, developmental disability, autism spectrum diagnosis, or speech and language impairment may be especially susceptible to suggestion or to misunderstanding questions. The school knows this and should communicate it to the social worker. If accommodations weren't provided during the interview, that is a strong evidentiary point at jurisdiction.
My child speaks limited English. Was the social worker required to use an interpreter?
Yes. A child interviewed about something as serious as suspected abuse, in a language they are not fluent in, without a qualified interpreter, raises substantial reliability concerns. If your child was interviewed in English when their primary language is Spanish, Armenian, Mandarin, Korean, or another language, that fact significantly affects how the interview should be weighted.
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