Whether you’ve just had a child or your raising teenagers, most parents have heard stories about Child Protective Services (CPS) invading a friend or family member's privacy. Most states allow parents to raise their children in a way they feel is best, but what happens when a third party or stranger disagrees with how you’ve chosen to bring up your children and asks CPS to get involved? This article will help you understand CPS's role and your rights as a parent.
CPS is a state-run agency that's legally obligated to investigate reports of child abuse or neglect. Workers who receive reports of abuse must open a case, investigate the family and allegations, and determine if there’s enough evidence to ask the court to intervene.
Accusers may report physical, mental, or emotional abuse, or raise concerns about parents neglecting their children. All types of abuse and neglect are detrimental to a child’s well-being, and CPS will investigate every allegation, however small. Typically, the agent or social worker will come to your home, most likely unannounced, to discuss the report with you. The agent may request to interview you, your spouse, and your children, separately.
CPS doesn’t have to tell you that they're going to meet with your child unless it’s in your home. For example, if the report comes from a teacher, CPS can interview your child at school without getting your permission. The primary goal of every state CPS department is to ensure that the children are safe.
Anyone concerned for the safety and well-being of a child can contact CPS to make a report. Accusers may leave identifying information or remain anonymous. Friends, family, and other third-parties who witness child neglect or abuse may call and make a report, but aren't required to do so by law.
On the other hand, if you’re a mandatory reporter and you see any indication of physical or mental abuse, or you believe a parent is neglecting a child, you must call and report your suspicions to the agency. Mandatory reporters typically include teachers, doctors, police, firefighters, day-care providers, and attorney. In most states, failure to report suspected abuse may result in criminal charges against the mandatory reporter.
It’s normal to feel anxious if you get a phone call or visit from your state CPS agency, but, it’s important to understand that even though you're dealing with a government agency, you still have rights.
Right to Know.
You have a right to know precisely why the agency is investigating you. Although most agencies won’t disclose who reported the alleged abuse or neglect, you can ask the worker to describe the allegations to you. You may also request written copies of the allegations.
You can ask CPS to record your conversations and interviews with your family, or you can record them yourself. Before you record any discussion with a CPS worker, make sure you understand your state laws on privacy and recording conversations.
Right to Deny Access to Your Home.
You have a right to refuse to grant the CPS agent entry into your home. The 4th Amendment of the United States Constitution protects us from “illegal search and seizure,” meaning a government agent can’t come to your home and demand entry without a court order. If you get a surprise visit from CPS, you can politely tell them that you don’t want them to come in. If the worker insists, remember, you can continue to say no.
Refusing entry to your home doesn’t end the investigation. If you deny the agent access, and the allegations involve your child’s living conditions, the worker will likely go to court and request a court order to enter. In most cases, you’ll receive notice of the upcoming hearing, and you can attend and defend yourself.
However, if the allegations are severe, the court may grant an ex parte (or emergency) court order, granting the agent permission to enter your home without giving you notice or the right to a hearing.
You Can Remain Silent.
The right to remain silent isn’t just for those who are accused of a crime. In fact, as a parent, you have the right to refuse to answer questions from the CPS agent, but tread carefully. Failure to cooperate with CPS could create serious consequences for you in the long run.
Instead of being silent, it would be beneficial for you to ask questions, like “why am I being investigated?” or “what are you looking for in my home?”
Hire an Attorney.
You have the right to hire an attorney before you speak with child services. If you agree to an interview with a CPS agent before consulting an attorney, the worker may report anything you say in the final court documents. Your words may be misinterpreted or twisted by the time the information gets to court, so it's best to pause and speak with a knowledgeable attorney before you attend an interview.
Typically, until and unless a CPS worker goes to court and obtains a written order authorizing the removal of your child, a CPS agent cannot simply show up unannounced and take your child from your home. However, if a court finds that the child has been harmed or is at risk for abuse or neglect, a judge may order CPS to remove the child from your home while the investigation continues.
If the situation is dire, the court may temporarily place the child with a family member or licensed foster care family while your case is pending. If your child has already been removed from your care, you should learn everything you can about working with CPS in order to regain visitation and custody.
If a judge finds you guilty of child abuse or neglect, the court may also begin the process of terminating your parental rights and/or placing your child in foster care. If your parental rights are at risk, most states will provide you with an attorney, who will represent you at the proceedings and advocate on your behalf. If you haven't been assigned a lawyer, you should speak to a local attorney who specializes in CPS cases.
