Frequently Asked Questions
- Can a CPS worker refuse to tell me why they are investigating you? No! CPS workers are required when they first contact you to advise you of the allegations that are against you. The allegations should be specific. They should not be simply child abuse or child neglect. Request they specifically advise you of the allegations, when and where they took place, how they took place, what happened and what was reported.
- Should I bring my children to the CPS or ACS office for questioning? This would always be a mistake. If the CPS or ACS worker wants your children brought in, you should immediately contact an attorney to be advised of your rights. The attorney can request that he or she be present during the communications with your children. They have no right to force you to bring your children in without proper legal representation.
- Can a CPS or ACS worker take my children without a court order? Generally not. However in certain emergency situations they may be able to take the children. However in those types of emergency situations they will usually have the police with them when they knock on your door as a back-up. Be advised CPS and ACS investigators will assume that every allegation of child abuse and/or child neglect creates an emergency.
- CPS or ACS may be making specific demands upon you. Do you need to comply? No! CPS and ACS investigators make all types of ridiculous, condescending, inappropriate, non-factually backed demands upon parents. They claim that these demands are backed by law and the parents need to comply. This is generally not the case. If investigators are making demands upon you and if they claim that if you don’t respond appropriately you are going to lose your children, it’s time to hire a CPS defense lawyer. Do not go through this process blindly!
- Do I have to let the CPS investigators into my house? Generally not. Unless it is a real emergency, the investigator will need a court order to come into your house. However if you voluntarily let them into your house, they will not need a court order.
- If the CPS or ACS investigator claims that the allegations deal with the condition of your home, do you need to let them in? Generally no. If it is a true emergency they will usually have the police backing them up. The Fourth Amendment to the United States Constitution prevents the unreasonable search and seizures in an individual’s home without a court order. In almost all situations the Fourth Amendment rights still applies.
