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What Should I Do If CPS Contacts Me?
Being contacted by CPS is always a highly stressful situation. Child Protective Services is a very important government agency, but they can make mistakes just like anyone else, and it’s important to fully understand your rights and be willing to fight for them to make sure you get the best outcome for you and your family. A CPS defense attorney should be your first call if you’re being contacted.
What Should I Do If CPS Contacts Me?
Remember Your Rights
If CPS Is at the Door
Just because CPS is at the door does not mean that you have lost your rights. Most importantly, you have the right to remain silent, and you have the right to a lawyer. You do not have to answer questions, and you should not until you have contacted your lawyer and gotten their help. CPS does not have the right to take your children away from the home unless they have a court order for it. They also do not have the right to enter your home unless they arrive with the police and a warrant giving them permission to do so; or you give them permission; or there’s an emergency where there is good reason to believe someone is in danger.
CPS also cannot force you to take a drug test without either your consent or a court order. They may try to pressure you to do so anyway, but recognize that this is pressure, and you do not have to give in. And even if you have given CPS permission to enter your home, you can rescind that permission at any time and ask them to leave.
Be polite, but be firm. Excuse yourself and get a phone or other device so you can record the entire exchange, and be sure to get the business card of the caseworker who comes to your home. Rather than answer questions, insist that they tell you what the charge is. If they tell you they have reports of abuse or neglect, you can tell them you will have your child’s doctor do an evaluation and send a letter to the caseworker, but do not try to explain yourself or speculate about who made this report or why. Tell them you will contact your attorney and get back to them.
If CPS Contacts You to Set Up an Interview
Sometimes, CPS will contact you before they come to your home, and that gives you an opportunity to contact your lawyer before they ever arrive. If you’ve set up a time to meet with CPS, your lawyer can even come with you, and you’ll be better prepared for whatever questions they ask.
Remember What CPS Is Doing
When CPS shows up at the door, remember that the caseworker is doing their job. You have rights, and you need to assert and defend your rights as a parent and protect your children. But CPS does have a duty to ensure the welfare of children in our community, and until they’ve come to your home, they have no way of knowing if a report about child abuse is substantive or not. If they did not follow up on a report, and a child was injured or even killed by an abusive person, CPS would rightly be castigated for failing to do their job.
Keeping in mind what CPS is doing doesn’t make it any easier and shouldn’t cause you to let them trample your rights. But may make it easier for you to stay calm and polite. Remember that CPS is looking for evidence that you are an abusive parent: getting angry at them could be construed as evidence that you are an angry person in general.
Contact a CPS Defense Attorney
As soon as you realize CPS wants to ask you questions, contact a lawyer right away. Be sure to reach out to a lawyer who has experience working with Child Protective Services. An experienced lawyer will know what kind of things to ask CPS, have experience with the family law courts, and will be able to help you work through the situation as smoothly as possible under the circumstances. Having a lawyer on your side gives you access to advice and help from someone who is interested in your rights and needs and who has good knowledge of the law.
FAQ
How Did This Happen?
There are all kinds of reasons CPS might show up at the door. CPS investigates reports of any abuse or neglect of a child, and since anyone can initiate a report and can do so anonymously, you may never know how it started. The first thing CPS will do is evaluate the claim and how serious they think it is.
If they think it’s particularly serious, they may even call local law enforcement to get a warrant. Otherwise, they will just conduct an investigation. When they show up at the door, this is usually not long into the beginning of this investigation. They are supposed to finish these investigations within 45 days, but they can request an extension for another 45 days if the police or a prosecuting attorney believe there is a good reason for it.
How Do I Fight Back?
Your lawyer will help you gather the right evidence to show that you are perfectly capable of keeping your children safe. All sorts of things could be useful here, and your lawyer will help you find the right evidence based on the details of the charge being made against you. Eyewitness testimony from friends or neighbors can help, as can doctors’ records.
Can They Talk to My Children Without Me?
It depends. If a caseworker shows up at your home and has no court order or warrant to enter your home, you do not have to let them in, and they do not have the right to speak to your children. However, if they are able to get an order from the court, that order can give them permission to enter your home, speak to your children, take photos, ask any questions they like – including invasive and personal ones –, and even take your children out of the home.
CPS can interview your children without your permission and without a specific court order if they talk to your child outside the home. If they come to your home and your children are playing outside, they may attempt to talk to your child before you get there. If your child is home alone, CPS cannot enter the home unless they have reason to believe your child is in immediate danger, and then the police must be with them. If a CPS caseworker enters your home without the police and a warrant, when you have told them you do not give them permission to do so, you can call the police on them. Do so, and then call your lawyer right away.
Dealing with CPS is highly stressful, but you can get through this, and we can help. Visit the HGC Law Firm in San Antonio, TX now if you need help, or call us at 210-222-9132.
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