Drug charges triggering an ISP is a very real possibility. In Oklahoma, being charged with a drug-related offense may lead to involvement with the Oklahoma Department of Human Services, especially if children are involved. DHS may intervene to assess the safety of your children and, in some cases, require you to comply with an Individualized Service Plan. Here’s what you need to know about how drug charges can trigger an ISP and what it means for you and your family.
What Is an ISP?
An Individualized Service Plan (ISP) is a written agreement between the Oklahoma Department of Human Services (DHS) and a parent or guardian outlining specific actions they must take to address concerns about the child’s safety and well-being. An ISP typically includes:
- Substance abuse treatment or counseling
- Parenting classes
- Mental health evaluations
- Regular drug testing
- Creating visitation schedules if DHS removes the child from the home
- Compliance with DHS caseworker requirements
The goal of an ISP is to address the issues that led to DHS involvement and work toward reunifying families whenever possible.
How Drug Charges Can Lead to DHS Involvement
DHS may become involved when drug charges suggest potential harm to children in the household. Factors that could trigger DHS intervention include:
- Drug Possession or Distribution
Charges for possessing or distributing illegal drugs can raise concerns about whether the home environment is safe for children. - Drug Manufacturing
If the charges involve manufacturing drugs, especially methamphetamine, DHS may see this as an immediate threat to the child’s safety. - Parental Substance Abuse
If a parent is charged with drug offenses and evidence suggests ongoing substance abuse, DHS may intervene to ensure the child is not exposed to neglect, abuse, or an unsafe living environment. - Drug-Related Arrests at Home
Arrests that occur in the child’s presence or officers finding drugs in the home often prompt DHS investigations.
When DHS Orders an ISP
DHS typically orders an ISP if it determines that intervention is necessary to protect the child. This decision can arise from:
- A referral or report to DHS following your arrest
- A law enforcement report indicating the presence of children during the drug offense
- Findings from a home visit or investigation conducted by DHS
If DHS believes the child is in immediate danger, they may remove the child from the home and require you to complete an ISP before reunification can occur.
What Happens if DHS Orders an ISP?
If an ISP is ordered, there are a few things that will happen. You must follow all requirements outlined in the ISP, including attending treatment programs, undergoing drug tests, and meeting with caseworkers. Noncompliance can result in further legal action or delays in regaining custody of your children.
If DHS files a case in juvenile court, the court will monitor your progress and determine whether you have met the ISP requirements. Failure to comply with an ISP or address DHS concerns can lead to a termination of parental rights in severe cases.
If your charges are reduced, dismissed, or resolved through a diversion program, it may impact DHS’s involvement. Addressing your criminal case proactively can reduce the severity of DHS intervention and improve your chances of maintaining or regaining custody of your children.
Tulsa Criminal Defense Attorneys
Drug charges triggering an ISP and DHS involvement is highly possible, particularly in situation that expose children to unsafe conditions. The ISP can play a key role and address concerns to ensure the child’s safety. While the process can feel overwhelming, cooperating with DHS and following the ISP requirements is critical to resolving the situation.
If you’re facing drug charges and DHS involvement, call our team at Tulsa Criminal Lawyers at (918) 416-0358 or contact us online.