When a CPS or ACS investigator comes to your door don’t let them in! Some of the people who will read this article may find the above-referenced comment hard to understand. The standard things CPS and ACS workers like to do is come into your house and inspect your entire living environment. They knock on your door in the middle of the night. They will ask if they can come into the house. If you want to speak to them, speak to them in the doorway. They have no right to come into your house and investigate where you live.
The 4th Amendment to the United States Constitution prevents government officials from coming into your house and investigating your living quarters without a search warrant under most circumstances. Decline letting the ACS or CPS workers come into your house. Your house is for you, your family, and your guests. They are investigating you. They are not guests!
They Claim They Will Get A Warrant
If the ACS or CPS worker says they’re going to get a warrant, let them get it. If they show up with the police officer and they don’t have a warrant, they still can’t come into your house. It is extremely rare that ACS or CPS is ever able to get warrants to investigate people’s homes.
CPS And ACS Will Want To Talk To Your Children
When CPS or ACS comes to your door, they’re going to want to talk to your children. If you deny them the ability to talk to your children, they’ll show up at their school when you are not around and the school will allow them to talk to your children and conduct an investigation under circumstances at the school, which are much more difficult for your children to deal with it. If, at the time the CPS or ACS investigator comes to your house, and you decide you are going to allow them to talk to your children, schedule an appointment where you can come with your children to their office, or they can come back at a time when your children are wide awake and not in the middle of the night to talk with your children. Remember that whatever is said by you or your children can be used against you in court!
Elliot S. Schlissel, Esq. has been representing clients who have been investigated by CPS or ACS for more than 45 years. He can be reached at 800-344-6431 or emailed at elliot@sdnylaw.com.
