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. This is frustrating for a lot of parents and caregivers, as the claims could be completely falsified or taken out of context.
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.
A qualified lawyer can help ensure your children are in the right hands, and nothing untrue or out of context is used against you. Parents also have the right to attend all court hearings regarding your case, even if the children are taken away.
A: Yes. It’s one of first questions parents should ask an investigator. In addition, at any stage in the investigation, the parent has the right to write to the State Central Registry requesting all documentation against them. Q: Should parents answer all the questions they are asked?
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.
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.
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?
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.
What this means is that in California the testimony of “one witness alone” is sufficient to support a criminal conviction for any offense.
Steps in the Court Process – After the forensic interview and investigation, the Prosecutor will decide if criminal charges will be filed and if the case should go through the criminal court system. Because every case is different, not every case follows the same steps, which may or may not result in a trial.
When talking to the child, the social workers must observe and communicate with them in a manner appropriate to his age and understanding. If a parent does not provide consent for the social worker to speak to the child on their own, professionals may become more concerned for the child's safety and well-being.
Social workers and psychologists use a special type of family tree, called a genogram, to help paint a picture of a person and the influences and support they have in their lives. It's literally a diagram, showing all your relationships, but it's also a map of a particular moment in time.
If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.
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.
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
If you ignore a court order, you are not typically put in jail or anything to that extent. However, the failure to adhere to those orders can result in you being found in contempt of court.
No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and...
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 “...
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS l...
An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...
Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...
If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing...
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...
Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any...
If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is a...
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 yo...
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.
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, ...
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.
CPS protocol is to interview or do “well child” checks on all children in the home, including those children who primarily live with another parent. They will typically interview those other parents as well.
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.
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.
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.
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.
If you don’t talk to them –just as you are always told to never voluntarily talk with the police if they are accusing you of a crime– you take their power away. They will not be able to use your own admissions, statements, and your very words against you.
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.
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.
Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Frankly, you are presumed guilty by the majority of CPS and DCFS agents. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission. That mission is most often to find evidence to support what the social worker already believes to be true – that you abused your child just as the neighbor, relative or anonymous tipster claimed.
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.
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.
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.
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.
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?
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.
A: When you’re being questioned by a person in authority, you can think that you have to do everything they say. Knowing your rights can help you understand that you also have power.
In an emergency, CPS can also return with the police without a court order. If you’re confident that there’s nothing to be seen in your home that raises red flags, you may want to allow entry, since denying entry may make the worker see you as uncooperative. If you do refuse entry, how you do it can make a difference.
A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court order—similar to a search warrant—requiring you to allow them access. CPS must give you notice if they intend to do this, and you have a right to go to that court hearing. In an emergency, CPS can also return with the police without a court order.
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.
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.
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.
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.
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.
If you are under investigation, do not panic. CPS social workers want to know the family’s dynamic and conditions of the home. It’s rare that CPS purposefully seeks to villainize or discriminate against parents. The last thing that CPS wants to do is take kids away from their families.
This is also why, if CPS believes parents do have good intentions for their children, they’ll offer resources for parents. CPS may also demand that parents follow a plan of care and action.
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.
The last thing that CPS wants to do is take kids away from their families. Parents should still know their rights during a CPS visit. There’s a lot that CPS can and cannot do during a home visit. Parents who know their rights, and know what CPS is legally allowed to do will make CPS visits as stress-free as possible.
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.
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.
Ohio: CPS Social Worker Fired For Not Following Court Orders
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.
Renee, I am not an attorney and not legally allowed to work on people’s cases. I will put this comment here in case someone else sees and is able to help.