how can a attorney protect you from a detective interview cps my sons 7

Do I need a lawyer for a CPS investigation?

CPS quietly dismissed the case. A final note on child interviews: the investigator is required by law to audiotape or videotape the interview unless the recording equipment malfunctions or the child is unwilling to allow the interview to be recorded. Be …

What happens when you’re investigated by Child Protective Services?

Find Out Your Rights in a CPS Investigation. If CPS receives a report of child abuse, they will usually try to make rapid contact with the child or children involved. If the child is old enough to be in school, CPS will go to the school to interview a child without telling you first. Under Michigan law, they can set up this meeting without your ...

How can a lawyer help my child custody case?

The most basic thing you can do during a CPS investigation is to show the agency that you are able to keep your child safe from harm. This means addressing whatever report has been made and the allegations contained within it. If the report is unsubstantiated then you can show the case worker that there is nothing to the allegations made against you.

Can a parent ask an investigator all the questions they want?

2: Ask what the accusations and charges are. Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with ...

What can I expect at a CPS interview?

The main subject areas that are focused on during a child-interview are: what actually happened during the alleged incident (or incidents) of abuse or neglect? whether the child feels safe in their home right now. whether the child believes that future abuse or neglect will occur.

Can Texas CPS interview child without parental consent?

When Child Protective Services is investigating a complaint or report of child neglect or abuse, the agency does not need your permission to interview your kids. In other words, CPS can talk to your children without your permission if you are suspected of abusing or neglecting your kids.

What kinds of questions does CPS ask parents?

The questions that are asked will evaluate whether your child has experienced neglect, physical abuse, mental abuse and/or sexual abuse....Questions about Sexual AbuseHas anyone touched you inappropriately?Does (this person) make you uncomfortable?Can you tell me what happened?When did it happen? Where did it happen?

How do you beat CPS in Texas?

In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.

Can a parent refuse a forensic interview?

A lawyer (hired by the parent) also can refuse an interview on a child's behalf. Children themselves can refuse to be questioned and can also request that a lawyer or a parent be present during any questioning.

How do I file a complaint against a CPS caseworker in Texas?

Telephone: Call (800) 720-7777, Monday-Friday 8:00 am to 4:30 pm. Online Form: Send your questions or complaints online with our Case-Specific Question and Complaint Form. Printable Form: Fill out and send the DFPS Case Complaint FormPDF Document by email attachment, fax, or standard mail.

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.

Which stage in the CPS investigation process is planning?

intervention stage: planning, setting up services, evaluation of services.

How long do CPS workers have to complete their investigation?

CPS has 30 days to complete an investigation unless extenuating circumstances require an extension. A CPS investigation must begin within 24 hours and usually includes: Face-to-face interviews with the alleged child victim(s), the child's caretaker(s), the alleged perpetrator(s). Viewing the family's home.

What are my rights against CPS in Texas?

What are my rights? You have the right to talk to your CPS caseworker. Communications with the caseworker are not confidential and anything you say can be used in court. If CPS has filed a lawsuit against you to take your children, you have the right to a court-appointed attorney if you cannot afford an attorney.

How do I get a CPS case dismissed in Texas?

Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.

How long can a CPS case stay open Texas?

How Long Does a CPS Case Last? Although it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.

What is the conclusion of a CPS investigation?

That conclusion is an opinion as to whether the allegations in the complaint are supported by the evidence , using a standard of preponderance of the evidence.

What happens if CPS receives a report of child abuse?

If CPS receives a report of child abuse, they will usually try to make rapid contact with the child or children involved. If the child is old enough to be in school, CPS will go to the school to interview a child without telling you first. Under Michigan law, they can set up this meeting without your knowledge or consent, ...

What is the Michigan forensic interview protocol?

Interviews are supposed to take place in the manner described in the State of Michigan Forensic Interviewing Protocol. While all interviewers and CPS investigators claim to do their interviews in a manner consistent with the Protocol, a close examination of the interview typically reveals defects in the procedure.

Do CPS workers want to talk to you?

CPS workers will also want to talk to you, but they generally do so on their own schedule. They will often drop in unannounced at your home or workplace and demand to speak with you. Sometimes, they try to arrange joint interviews with law enforcement.

What happens if a parent alleges a child is a DHHS?

A substantiated allegation can lead to the parent being placed on the DHHS central registry, can result in the filing of a petition to take jurisdiction over the children involved and can fuel a police investigation which results in criminal charges being filed.

What is forensic interview center?

With many investigations, a parent is asked to bring the child to a forensic interview center (often called Children’s Assessment Centers.) These centers are designed to conduct neutral interviews with the goal of getting to the truth. In fact, they are not necessarily neutral.

How long does it take to get a CPS investigation in Michigan?

A CPS investigation is supposed to come to a conclusion within 30 days. However, as a practical reality the 30-day deadline means very little.

What happens when a government investigator knocks on your door?

As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizen s. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.

What to do if a DCFS agent cannot produce a warrant?

It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally.

Why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations?

If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.

Can you record what a child said or did not say?

Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.

What does a CPS social worker do?

Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.

Can a CPS agent see my children?

Do not even open the door to allow the CPS agent look into your home to see your children: they can see something that creates an “emergency situation” even if it is not true.

What is an angry demeanor toward a CPS social worker?

An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.

How long does a CPS investigation last?

5 Things CPS Can Legally Do. A CPS investigation can last for up to 18 months! During this time, there are some things that CPS might attempt. If you’re unsure about the legality of how CPS is conducting an investigation, you can always call a lawyer to get legal advice on the situation.

What happens if you are not home when the CPS worker arrives?

If you’re not home when the CPS worker arrives, they will leave contact information so you can schedule another time to visit. CPS can ask you nosy and invasive questions. CPS might ask you questions that seem irrelevant to your case. These questions are not accusations.

What is a CPS social worker?

CPS social workers are trained to understand the complexities of any family dynamic. If parents are worried about their children saying something that may incriminate them, remember that CPS social workers must look beyond just the surface-level. If your social worker does use something out of context, call a lawyer to know your legal options.

Can a CPS talk to a child?

CPS can talk to your child without your permission. This comes as a shock to a lot of parents, but CPS can legally talk to your child alone. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you.

Do CPS social workers understand that parents are human?

Parents are human and make mistakes or have misunderstandings too . CPS social workers recognize that some claims can be explained through cultural, religious, or economic differences. This is also why, if CPS believes parents do have good intentions for their children, they’ll offer resources for parents.

Do parents have rights to investigate?

Regardless, parents should still know their rights and know how to conduct themselves during the investigation. Parents have a right to know all the claims made in the investigation. Often, many parents have claims made against them that are true, but the parents aren’t seeking to directly harm their children. Parents are human and make mistakes or have misunderstandings too.

Does CPS investigate claims?

CPS must investigate every claim that’s made, even if it’s false. This is frustrating for a lot of parents and caregivers, as the claims could be completely falsified or taken out of context. However, investigating a claim isn’t a suggestion or a policy- it’s the law and every claim must be taken seriously.

What happens when you are investigated by child protective services?

When you’re investigated by child protective services, you have to make decisions every step of the way. You have to decide what information to share, whether to enroll in services, and, if you wind up with a case, whether or not to go to trial.

What do you not want to do with CPS?

One thing you don’t want to do is minimize serious concerns. You want your answers to reduce concerns , not raise more concerns. If you’ve had prior cases, CPS is required to ask you about them. If you have addressed any problems you were struggling with in the past, it’s a good idea to explain how you’ve done that.

Can you ask your child to be interviewed?

In that situation, you can explain your reason. You can also ask that your child be interviewed at a Child Advocacy Center, where there’ll be an investigator and a mental health professional present.

Can you interview your children in your own home?

A: If it’s in your own home, you can, but investigators are also required by law to interview your children. If they’re unable to, or think your children are not going to speak honestly with you present, they will go to court to require that you bring your children to a different location to be interviewed without you.

What to say when you are told about domestic violence?

You do have a right to refuse to answer questions, so if you’re told the allegations are about domestic violence, but they’re asking you about something else entirely, you may want to say, “I don’t think that question is relevant to the concerns you’ve raised.” One thing you don’t want to do is minimize serious concerns. You want your answers to reduce concerns, not raise more concerns.

What to ask before answering questions?

A: Before answering questions, I would encourage anyone under investigation to ask questions. Those include: What were the allegations made against me? What exact information are you looking for? What exactly are your concerns?

What to say when you refuse entry?

You might say, “I’d like to have this conversation with you at a later date,” or, “I’d like to have this conversation with you when I have my husband here.” The suggestion of an alternative time can help build a respectful relationship.

What happens if you fail a polygraph?

If you fail, it cannot be used against you at trial, BUT it will only give a prosecutor more reasons to prosecute you, even if it is a weak case for the State. If you pass, don't think you are in the clear. On a side note, your attorney may want you to take a polygrph test administered by a qualified and independant professional. The results of this test would be between you and your attorney unless you decide otherwise.

Can you talk to a CPS about child abuse?

It is the normal response for a person that has done nothing wrong to want to give their version of events, but DO NOT talk to CPS or law enforcement before talking to an attorney experienced with child abuse allegations. The investigator is looking to lock you into statements now that can come back to haunt you. There is nothing to be gained by talking to the police during an investigation. They either have enough evidence to prosecute you, or they don't. Most of the time the detective/CPS worker has made up his or her mind about you.

What to do if CPS is not in your life?

If CPS is not in your life, get away is my advice. If they are, get busy, you have a battle ahead of you. Document everything, record everything, get every bit of evidence/discovery possible, be proactive and do everything possible, paper, paper, paper, file, file, file, study research and learn CONTINUOUSLY. P.S.

What to do if your caseworker is violating court order?

County Personnel Department– If your caseworker is violating your court order or state social service regulations, treating you disrespectfully, or in any other way doing something you believe is wrong, write a letter to the county personnel department with a detailed complaint about the person. This will probably keep the caseworker from ever getting a promotion in that county. He or she might also get demoted, or fired.

What to do if your caseworker's report contains misrepresentations?

Social Worker Perjury– If your caseworker’s report to the court contains inaccurate statements, misrepresentations, or lies, create a legal document called Objections and Corrections to the Report of the Social Workerand as with the Declaration of Facts, send it to your lawyer to be presented to the court. Remember, lies told in court can also be reported to the District Attorney’s office because perjury is a crime.

Can you file for a state administrative hearing?

You Can File For a State Administrative Hearing