DCJ Wants To Talk To Me About My Child

Knowing Your Rights Early Can Help Keep Your Family Together & Get The Help you Need To Keep Your Child Safe At Home

“If I’d spoken to a lawyer at the start, I would have understood what I was agreeing to and what I didn’t have to agree to.” [Parent]

Why DCJ (Child Protection) Might Want to Talk With You

Getting a call or visit from the Department of Communities and Justice (DCJ) can feel really scary. You might be shocked, angry, or confused — that’s completely normal.

Most of the time, DCJ contacts parents because someone has raised a concern about a child’s safety or care. That doesn’t always mean your child is unsafe — but DCJ is legally required to look into reports made to them.

Their job is to find out what’s going on, check that your child is okay, and see if your family needs support.

Someone has made a report about your child

Someone — like a teacher, doctor, neighbour, police officer, or family member — has contacted the Child Protection Helpline because they’re worried about your child.
They might have seen or heard something that concerned them.

Reports are confidential, which means DCJ can’t tell you who made it. Even if it turns out to be a misunderstanding, DCJ still has to follow up and check things out.

There are worries about your child’s safety or care

DCJ might have been told your child is being left alone, missing school, or not getting enough food, healthcare, or supervision.
These situations are often connected to stress, family violence, money worries, or mental health issues — not a lack of love.
DCJ should explore what help your family might need, not just what’s going wrong.

Someone is worried about your wellbeing

Sometimes reports are about you, not your child — for example, if someone’s concerned about your mental health, trauma, drug or alcohol use, or safety at home.
These are signs that extra support might help. DCJ should work with you, not against you, to figure out what would make life safer and easier.

There’s been police or emergency involvement

If police, ambulance, or other services have been called to your home, DCJ might be notified.
This doesn’t automatically mean you’ve done something wrong — but DCJ must check if your child might have been affected by what happened.

You have a current open case or previous child protection involvement

If you’ve had DCJ involvement in the past, and a new report comes in, they may follow up to see what’s happening now.
You have the right to tell your side of the story and show what’s changed for your family.

They need to do a safety assessment

If DCJ believes your child might be at immediate risk, they may visit your home to complete a safety assessment.
This means talking to you and your child about what’s happening right now.
You can ask:

“What are the specific worries?”
“What do you need to see from me?”
“What happens next?”

You’re allowed to have someone with you — like a family member, support worker, advocate, or lawyer. Independent legal advice is available to you in these early stages- we recommend getting their advice and support.

Don’t sign any plans or paperwork without seeking legal advice

how to Respond constructively but smartly

Pause and try to stay calm

Take a moment before answering questions.  

Think about who or what you may need to support you in conversations with DCJ.

  • ? A lawyer- A lawyer can help make sure the Department is doing things properly and can help you understand what is going on.
  • ? A support person- You should choose someone who can help you keep things calm and will help you to remember what was said after the meeting.
  • ? A translator – recommended if english is not your first language.
  • ? A disability support or advocacy person. If you or your child has a disability.

Get legal advice early

Legal advice isn’t just for crisis, when DCJ is knocking at your door it is serious, take it seriously and seek legal advice

Getting legal advice early can stop small problems from becoming big ones and help keep your children safe at home.

Request a LAFPA referral for free, independent legal advice.

 

Ask for clear information.

You can say:

“Can you explain what the concerns are and what you need from me?”

Try to talk respectfully with caseworkers so you can understand concerns.

If you disagree, ask the caseworker (or their manager) to explain in writing.

 

Keep your own clear record

These steps help keep a clear factual record — which is important legally later, even if removal doesn’t happen right now

– Keep a diary of all meetings, phone calls, and agreements including who said what and when.

– Ask for copies of all notes about meetings with DCJ.
– Ask for a support person at meetings if you want one.
– Write down what you discuss with your lawyer and caseworkers. Legal Aid NSW Publications

Important Reminder

Remember that everything you say to a caseworker gets written down and can be used against you as evidence if the matter ends up in court. Nothing that you tell your caseworker is confidential.

You Don't Have to Wait for DCJ to Refer You

You can contact these services directly to get legal advice, advocacy or support. It’s your right to reach out early and get help when you need it.

Legal and Advocacy Services

“I didn’t take the Legal Aid referral because I didn’t think it was serious. I believed the caseworker was helping me and being transparent. I didn’t know that important legal decisions were unfolding in the background, or that I needed independent advice to understand the risks”

Peer Parent

Under the law, the Department of Communities and Justice (DCJ) must do everything possible to help your family keep your children safe at home before deciding to remove them.

 This is called the principle of Active Efforts

 It means DCJ must work with you, not against you.