That’s a problem. It usually means a dual investigation and the police are at least considering criminal charges. At Graves Law we tell our clients we’ll have them talk to the DHS but not the police. That usually works well, whether or not we are successful in getting an unfounded assessment. But make sure you get legal advice about your particular situation.
The juvenile court case will be a CINA, a child in need of assistance case. This means you need the court’s help to insure that your children are all right. It’s better, if possible, to have a services case where you agree to do certain things and engage in certain services with the department of human services (DHS).
No, but they will hold it against you if you don’t. And, they may be worried about whether your kids are all right. If so, they may ask the police to do a welfare check, or, they’ll ask them to get a search warrant. And, if you won’t talk to them, sometimes they’ll go to court and ask a Judge to remove your children, or, at least to open a juvenile court case. Get legal advice first, then, talk to the DHS in a constructive manner that protects your rights and your children.