1. CPS caseworkers need a warrant or court order to get
into your home. Police
escorts are there for CPS protection. Don’t be intimidated. If they don’t have a
court order, politely ask them to return with one.
6. CPS may try to see your kids at school. Teach your kids to ask for their parents and their attorney. Yes, kids can ask for an attorney. What starts out as an investigation with CPS and police to protect the kids could lead to a kid confession of a crime. If kids are at least 10 years old, they can be investigated as a possible perpetrator of child abuse or neglect.
7. If you speak with CPS, prepare for questions beyond the allegations. CPS may ask you questions about drugs, alcohol, pornography, and your childhood regardless of the allegations. CPS may ask your children if they have ever been touched inappropriately or if they have ever been spanked. CPS may ask to view and to photo your child’s body.
8. If CPS takes your children without a court order, CPS must appear in court no later than the next business day. This emergency hearing typically takes place without notifying the parents.
9. After CPS rules out allegations of abuse and neglect, families have the right to have their record expunged. Many people think that having a record “proving” they did nothing is a good thing. Instead, having a record shows that you have prior CPS history.
10. Child abuse and neglect are real. Some parents should not be parents. When you believe a child is a victim of child abuse and neglect, you are obligated to make a report to the Abuse Hotline at 1-800-252-5400 or https://www.txabusehotline.org.
6. CPS may try to see your kids at school. Teach your kids to ask for their parents and their attorney. Yes, kids can ask for an attorney. What starts out as an investigation with CPS and police to protect the kids could lead to a kid confession of a crime. If kids are at least 10 years old, they can be investigated as a possible perpetrator of child abuse or neglect.
7. If you speak with CPS, prepare for questions beyond the allegations. CPS may ask you questions about drugs, alcohol, pornography, and your childhood regardless of the allegations. CPS may ask your children if they have ever been touched inappropriately or if they have ever been spanked. CPS may ask to view and to photo your child’s body.
8. If CPS takes your children without a court order, CPS must appear in court no later than the next business day. This emergency hearing typically takes place without notifying the parents.
9. After CPS rules out allegations of abuse and neglect, families have the right to have their record expunged. Many people think that having a record “proving” they did nothing is a good thing. Instead, having a record shows that you have prior CPS history.
10. Child abuse and neglect are real. Some parents should not be parents. When you believe a child is a victim of child abuse and neglect, you are obligated to make a report to the Abuse Hotline at 1-800-252-5400 or https://www.txabusehotline.org.
An ex-caseworker: “I wish I
could shout from the highest mountain to parents to vigilantly learn their
rights! If they knew what their legal rights were there would be significantly
lower numbers of child removals. Social
workers, unlike policemen making an arrest, are not required to inform the parents
of their legal rights. All we had to do
to remove a child was to show up at the home and tell the parents we came to
remove the kids. Often times we would.…”http://bransonlegal.com/Ten_Things.html
Presented by the Law Offices of A. G. Fortson, P.C. 713-487-5297
