USA - Can DHS/DHHS search your house?

[fnord]

My Gf's Ex is being a prick and reported to DHS that were unfit parents,DHS has contacted us and wants to come overt to talk/check out the house,while theres nothing of concern in my house right now im wondering to what extent they can search the house or if they even can? Ive been told if they ask and are denied they will atempt to get a search warrent. Can they get a warrent?

[Alfa]

DHS as in Department of Homeland Security? What is the context of this request?

[fnord]

Sorry for not clarifying: Department of heath and human services, they take care of child neglect reports. Our kid is well cared for and not exposed to dangerous situations/fucked up people,her health and saftey come first in all aspects of our life. My ex's boyfriend is just throwing a hissy fit and trying to start trouble.

[TommyRowe]

Im law enforcement myself. Not on a local level but we all had to start somewhere. In most cases, they can actually search your house without warrant to a extent. Heres how it would go down.

Dept of Health and Human Services contacts your local PD/Sheriff depending on Jurisdiction. Lets say Sheriff for this example. The Deputies can go to your home and remove the children under DHHS's authority. They are allowed to place anyone inside the house in hand cuffs. They are allowed to search the common areas FOR THEIR SAFETY. So for instance, if you are found in a living room, they can tear it apart looking for weapons. WITHOUT A WARRANT they cannot search in the non-common areas.

But be aware, they can come into your home and remove your child with or without a warrant. Just keep your stuff hidden and hope they dont have a warrant because if they do your fucked.

[fnord]

Thank you,while theres nothing in this house i have to worry about my grandma who sometimes visits me keeps her toys off site,im just a fan of personal privacy.

[yaba]

In the UK the have a similar thing.. Best is comply make sure everything is in order once you know the coming around, its better then deny them acces...

Swim's ex girl been true something like this...

[Rocketjones]

Swim's ex has been in a similar situation where she had been reported as unfit etc.
The agency which contacted you will, usually in coordination with you, schedule an apointment. Where they stop by to make sure the child has clothes, a toothbrush and food.

I would not let them search beyond "with their eyes". If they start rifling through your belongings I'd call a lawyer.
Be smart and leave no swimwear in plain sight.

[fnord]

Weve survbived,they caem and talked to us,seems someone called and said we were manufacturing drugs(growing pot) and smoking salvia in the presence of the little one,the fellow was nice and polite and(once he turned his tape recorder off) said he didint really care if we smoke pot and even if we did it wouldent be groudns for taking our kid,and it wouldent be a big deal. We offerd to take a drug test on the spot and he siad we seemed like great parent and were all set for now but they may ask for one in the future if more alegations come up. a breif walkthrough of the house was done without any problems.

Yayyy!

[guldenat]

Originally Posted by fnord

Weve survbived,they caem and talked to us,seems someone called and said we were manufacturing drugs(growing pot) and smoking salvia in the presence of the little one,the fellow was nice and polite and(once he turned his tape recorder off) said he didint really care if we smoke pot and even if we did it wouldent be groudns for taking our kid,and it wouldent be a big deal. We offerd to take a drug test on the spot and he siad we seemed like great parent and were all set for now but they may ask for one in the future if more alegations come up. a breif walkthrough of the house was done without any problems.

Yayyy!

I'm happy things went well for you fnord. Hopefully they won't be giving you any more trouble.

[TommyRowe]

Originally Posted by fnord

Weve survbived,they caem and talked to us,seems someone called and said we were manufacturing drugs(growing pot) and smoking salvia in the presence of the little one,the fellow was nice and polite and(once he turned his tape recorder off) said he didint really care if we smoke pot and even if we did it wouldent be groudns for taking our kid,and it wouldent be a big deal. We offerd to take a drug test on the spot and he siad we seemed like great parent and were all set for now but they may ask for one in the future if more alegations come up. a breif walkthrough of the house was done without any problems.

Yayyy!

Glad to hear it worked out. A word of warning however... Law Enforcement likes to use the "it doesnt matter if you do it, I dont care" thing a lot. Dont take that as a reason to be lax with it. They may not care if you smoke pot but dont take that as meaning they dont care if you smoke it around the kids etc. Truth be told, they cant care if you smoke pot because unless they catch you in the act/actually find weed around, they cant charge you with it.

But good job and Im glad things worked out.

[Jasim]

I would have explained that a dickish prick was just trying to make trouble. Given that the allegations are obviously false, I think they would have reason to believe that.

That's great nothing came of this! You should celebrate!

[old hippie 56]

Like Mr. Rowe stated, take everything the people said with a grain of salt. Swim sister-in-law lost her kids due to a over-jealous child welfare worker, claiming everything was cool. But in the end, she lost her kids, went to the pen, and paying out of the ass to her dope-headed ex-husband.