Ten Things You Should Know If CPS Knocks on Your Door

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.
 
2.       If you still let CPS in, you can ask them to leave whenever you want if they did not have an order or warrant.
 
3.       EVERYTHING you say will be used against you. So say as little as possible.  Record everything, preferably with a video camera.
 
4.       You have the right to know what the charges are against you. In the very first contact with CPS, CPS must explain the complaint with more than just stating you are accused of “allegations of abuse or neglect.”
 
5.       You have the right to an attorney. Please use that right even if you are innocent!

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