One of the worst fears of a parent is to have their child taken away. You might’ve heard of cases where children are taken away from their families because they are unfit to take care of them. However, as a parent, you’ll still have a lot of rights over your child. In this article, you will learn about an overview of Child Protective Services, what they can legally do or cannot do, and parent’s rights when dealing with CPS.
What is Child Protective Services? Parent’s Rights While Dealing With CPS
Child Protective Services (CPS) is a branch of the social services department that is responsible for protecting children and minors from abuse, sexual abuse, or neglect within the family. CPS may be known by different names depending on the state you’re living in, such as the Department of Family Services, the Department of Social Services, or the Department of Youth and Family Services.
The administrative framework for CPS will vary from state to state. However, all states must comply with Federal and State requirements. Most of the states have what is called a centralized administrative system. California is one of the nine states that are established as county-administered. The different types of administration determine things such as goals and objectives, policymaking, and responsibilities of CPS in each state.
What Are The Main Objectives of CPS?
A report may be filed to CPS when there is a suspicion that a child is a victim of maltreatment in a household or if a child is being abused or neglected. Oftentimes, these reports can be filed by anyone. Further, mandatory reporters may include social workers, teachers, school personnel, child care providers, physicians, and health care workers. After CPS has received a report, its main objective is to:
- Assess a child’s living conditions
- Determine if a child has been abused or neglected
- Protect the child from imminent and immediate danger
- Evaluate the risk of future danger
- Come up with intervention measures to keep the child safe
- Decide if the child needs further support from other services such as counseling or medical care
In some cases that involve child sexual abuse, CPS might need to involve police and law enforcement. Since child sexual abuse is a crime in all 50 states, therefore further investigation on the case by law enforcement may be needed in child sexual abuse cases.
What Can CPS Legally Do?
After a report of child abuse or neglect has been accepted, CPS workers will review the information and determine whether further investigation is needed. Generally, the investigation process can take up to 18 months. Here are some things that parents can expect during the investigation period.
CPS is Required To Investigate Every Claim
Under the law, CPS is legally obligated to investigate any claim that has been made. This ensures that every case is taken seriously. Investigations are still required even if the claims may be falsified or might’ve been taken out of context. There are very few exceptions to this. For instance, an investigation may not be needed if there is no real foundation to the claims that the child has been abused or neglected. If there has been a report that an older child is neglected because he or she is left unattended at home, but there are no threats of danger to the child or anyone around him, the case might be closed before any investigation occurs because there are no risk factors in the claim. On the other hand, if we change the fact of the scenario to a report concerning an unattended minor with special needs, there is a risk factor here, and so an investigation will be required.
CPS May Speak With Your Child Without Your Permission
During the investigation process, CPS workers may legally talk to a child without the parent’s permission. This is why it is important to know parent’s rights when dealing with CPS. In some cases, workers may even want to speak with the child alone. Additionally, in cases where there are serious abuse allegations, CPS will usually talk to the child before talking to the parents. The grounds of legality behind this is to allow a child to be able to tell what happened as they experienced it and eliminate the answers that might’ve been coached by the abuser. This also prevents a child from being threatened by abusive parents for disclosing any information.
CPS workers must take statements into consideration beyond the surface level. However, caseworkers are human, which means that errors can be made in the process. If you are concerned that a CPS worker has taken your child’s statement out of context there are two things you can do:
- Always document the interview even if the investigator doesn’t (video, audiotape)
- Immediately discuss your legal options with a lawyer
1. CPS May Come Visit Your House Without Notice
CPS may want to visit your house for a lot of reasons. They may want to come and observe the child’s living conditions, or to interview with the child. While some parents actually abuse their child, good parents can also risk losing their child simply because they are not prepared when CPS shows up at their door.
2. You Are Not Obligated To Let CPS Enter Your Home
Although CPS workers may show up unannounced, they do not have the right to enter your home unless they have a warrant signed by a judge. Without a warrant, CPS workers must ask your permission before entering your home. Parents are not obligated to let them into the house. What if the child is home alone? If parents are not home, CPS workers can still talk to the child. But unless the circumstances pose a danger, the child cannot grant permission for CPS workers to enter the home. Unexpected visits can be scary, however, parents should stay calm and cooperate with the investigation. If parents are not ready for the visit, they can simply say no and reschedule the interview for another time.
3. CPS Can Be Very Thorough With Your Case
During the investigation process, it can be expected that CPS will be very thorough with the case. Therefore parents should be prepared to answer a wide array of questions that may even be invasive. CPS workers may ask personal questions such as the parent’s history of drug use, alcohol, pornography, financial problems, and mental health issues. Sometimes the questions might seem to be unrelated to the allegations, but the goal of the questions is to help paint a bigger picture for the CPS workers to understand the full story. Even the smallest detail can be used to prove or disprove the allegations of the case.
Parents have the right to not answer questions they might feel uncomfortable discussing. However, refusing to answer a question may raise more concerns in the case. Therefore, if parents are ever in a situation where they do not want to answer the questions, it is highly advised that they politely decline the caseworker. Parents may also ask caseworkers for time to discuss the questions with an attorney before answering further questions. Generally, if a parent is alleged of child abuse or neglect, it is a good idea to contact an attorney and go over possible questions as soon as possible so they are prepared for this situation.
4. CPS Must Inform You of The Allegations
When a report has been filed, CPS must inform the parents or family members of the allegations that have been made against them. In some cases, CPS caseworkers will leave out this information. Regardless of whether it is intentional or accidental, parents have the right to know the exact allegations that have been made against them. Knowing parent’s rights when dealing with CPS cases is important, as losing children could mean the world.
What Can CPS Not Do?
Having to deal with CPS can be scary for any parent because there is a chance that their child can be taken away. It is important that parents stay calm and compose during these situations. Noncompliance with investigation procedures may give caseworkers more reason to look into a case or worsen the situation. But no matter how serious the allegations are, CPS workers must always act within the legal scope of conduct.
Here are some things CPS cannot do:
- CPS cannot enter a home without permission/warrant
- CPS cannot forcefully conduct a substance test
- CPS cannot disclose details of the allegations
Parent’s Rights When Dealing With CPS
Remember that you always have rights! Understanding your rights will help you best advocate yourself in these situations and prevent them from being violated. When dealing with child abuse or neglect allegations, you have the right to;
- Know what they are alleged of
Refuse CPS from entering their homes - Refuse to answer questions
Any statement can be taken and used against you, or taken out of context. - Ask for an interpreter
This right is available to parents who are unable to efficiently communicate in English or are more comfortable speaking another language - Seek legal counsel
Attend all court hearings about the case - Appeal for place instead of removal
Once a court has issued a removal, parents may need to go through legal ramifications processes that can be very time-consuming. Instead, a place will temporarily place the child with another family member.
If you feel that your rights have been violated or if there are other concerns with the actions of the agency, you may contact;
- A supervisor of the agency
- Program manager
- Ombudsman, and
- Complaint officers
Another way to ensure that everything goes as smoothly and stress-free as possible, it is highly advised that parents consult with an attorney to look over the rights and figure out available legal options.
Contact Pride Legal
If you or a loved one has been dealing with CPS or child custody issues, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
