What Social Workers Can — and Can’t — Do: Know Your Rights - By Pavan Dhaliwal

When a social worker knocks on your door or calls about your child, it can be scary and overwhelming. Most parents aren’t prepared for this situation and don’t know what social workers can legally do or what rights they have themselves.

Let us walk you through what social workers are allowed to do, what they’re supposed to do, and how you can protect your family’s rights throughout the process.

What Social Workers Are Allowed to Do

During an assessment or investigation, social workers are legally empowered to take certain actions. They can:

• Contact you by phone or visit your home.

• Talk to you about your family and your child’s safety.

• Speak to your child alone—even without telling you first. This could happen at school or somewhere outside your home.

• Speak to people who know your child, like teachers, doctors, neighbours, relatives, or religious leaders.

• Look at records like medical files, school reports, or court documents to get more information about your child.

• Come to your home anytime and ask to see your child. If you don’t let them see your child and they think your child is in danger, they can remove your child from your home.

• Remove your child without a court order if they believe your child needs immediate protection.

• Place your child in the care of relatives or trusted community members if necessary.

• Apply for court orders to keep your child safe.

• Work with guardianship social workers if your child needs a permanent home.

If you’re uncomfortable with your child speaking to a social worker alone, you can ask if someone you trust can be present during the interview.

What Social Workers Should Do — Their Professional Guidelines

Despite what many fear, social workers aren't just looking to remove children from homes. In fact, the law directs them to try keeping families together whenever safely possible. Here's what should guide their work:

• A child’s safety is the top priority.

• Children should stay with their families whenever it’s safe to do so.

• Indigenous children should stay in their communities and learn about their traditions, cultures, and languages.

• Children’s opinions matter and should be considered when making decisions about their future.

• If services like counselling or home support could help keep a child safe at home, the social worker must help arrange these services.

• Investigations should be done in the least disruptive way possible to your family.

• Decisions about your child’s care should be made quickly.

• If a social worker believes your child has been physically or sexually abused, they must report it to the police.

Know Your Rights — Get Legal Support

Dealing with social workers can feel overwhelming, but remember: you have rights. You don’t have to navigate this complex system by yourself.

Whether you’ve just been contacted by a social worker or you’re in the middle of an investigation, getting legal advice early can make a crucial difference in the outcome.

At PGS Law, we understand how frightening this situation can be. We’re here to help you understand your options, protect your rights, and work towards the best outcome for your family. Our team has experience helping parents just like you navigate the child welfare process while keeping families together whenever possible.

Call us today for a consultation. We're committed to protecting your parental rights while helping you navigate this challenging process.

By Pavan Dhaliwal