When the Alabama Department of Human Resources (DHR) becomes involved in your family’s life, it can be overwhelming and terrifying. But the truth is: you have rights—and the more you know them, the better you can protect yourself and your children.
This guide outlines key parental rights under Alabama law and DHR policy, with references to official codes and manuals.
1. Right to Due Process
If you’re under investigation for child abuse or neglect:
- DHR must notify you in writing of the investigation, including the specific allegations.
- If abuse/neglect is “indicated,” you can request a hearing within 10 DHR working days of receiving their findings.
- You have the right to have an attorney, present evidence, and review the case file.
Reference: Alabama Code §26-14-7.1
2. Right to Confidentiality
DHR is legally bound to keep your personal information confidential, unless required by law to disclose it for legal or child support purposes.
Reference: Your Rights – Alabama DHR
3. Right to Full and Fair Treatment
You cannot be discriminated against on the basis of race, gender, religion, national origin, or disability.
If you feel you’ve been treated unfairly, DHR is required to have procedures in place for filing complaints.
4. Right to Participate in Court Actions
You have the right to:
- Be present at hearings
- Receive notice of legal actions
- Contest petitions (such as for termination of parental rights)
- Request a modification of any court-ordered service plan or support arrangement
5. Right to Visit Your Children
Children in foster care have the right to visit with parents and family unless there is a court-ordered restriction. Visits should be documented in the child’s Individualized Service Plan (ISP).
Reference: Ala. Admin. Code r. 660-5-50-.05
6. Right to Access Case Records
You can request access to your DHR case records, especially if you are appealing a decision. Some information may be restricted, but you are entitled to know the basis of any adverse actions taken against you.
Reference: Family Services Case Record Policy
7. Right to Be Informed About Placement Decisions
If your child is removed, DHR is supposed to prioritize placing them:
- Close to your home
- With siblings, if possible
- With known relatives, before strangers
You should be informed of the placement and have the right to contest it.
Reference: Placement of Children – DHR
8. Right to Legal Representation in Termination Cases
If DHR petitions to terminate your parental rights, you must be notified and given a court date. If you can’t afford a lawyer, one should be appointed to represent you.
Reference: Termination of Parental Rights – DHR
Final Thoughts
Knowing your rights doesn’t guarantee DHR will play fair—but it gives you the power to push back, demand accountability, and protect your family.
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