What should you do incase CPS visits? (1)

1
What should you do incase CPS visits?
2
The following shall not be considered advice from
an attorney. Every case is different. You should
request the assistance of a licensed attorney for
advice specific to your circumstances.
3

• Child Protective Services, commonly referred to
  as CPS, has shown up at your house. What should
  you do next?
• Do not panic.
• The first step do NOT panic. Child
  Protective Services can show up on anyones
  doorstep, whether you have done something or not.
  The theory behind Child Protective Services is
  virtuous, but at times they can operate in a
  manner that is not consistent with their own
  protocols or your Constitutional rights.

4

• In your initial meeting with CPS, you will
  likely be contacted by an Investigations CPS
  worker. In some cases, an Alternative Response
  worker may make contact with you, but their role
  is very similar to an Investigations worker.
  Their job is to make initial contact with you,
  see the kids, assess the situation, talk to
  collateral sources, and in some cases remove
  kids from a home that has immediate safety
  issues.
• Request information.
• You should request their card with their
  contact information and request the information
  of their immediate supervisor. Caseworkers rarely
  have the authority to make decisions without
  first checking their decisions with a supervisor.

5

• The caseworker will not tell you who reported
  abuse however, you should request what
  allegations have been made. Some caseworkers may
  not give you details but should state what
  category of abuse has been alleged such as sexual
  abuse, physical abuse, neglectful supervision,
  etc.
• CPS eyes on your child.
• Oftentimes, it is best to allow the CPS
  worker to physically see the child. This assures
  that they are physically safe. There are criminal
  penalties for thwarting or attempting to thwart a
  CPS investigation. However, you do not have to
  assist them in their investigation.

6

• It is important to be clear and concise on
  what you will allow and will not allow in this
  initial contact.
• Child Interview
• Whether you allow the CPS worker to interview
  your child depends on their age, circumstances,
  and other factors. CPS may have already
  interviewed your child at school without your
  knowledge. Once you know an interview has taken
  place, make sure you understand where and when
  the interview occurred and with whom.

7

• In some cases, it may be best to allow the
  interview to happen between your child and CPS.
  An attorney can help you evaluate what steps you
  should take.
• Interview Content
• A CPS worker should not ask your child
  leading questions. They should open the door
  for the child to tell their own story without
  supplying the child with facts. CPS has a high
  turnover rate and not all CPS workers are as
  skilled in this area as they should be.

8

• If there are allegations of physical abuse or
  bruising, the worker may ask to photograph your
  child.
• You may request the worker interview your
  child with you present, or that you will retain
  an attorney and inform them of your interview
  decision at that time. In theory, the
  Investigations stage should move quickly. If you
  state that you plan to retain an attorney and
  will make decisions at that time, you should
  retain an attorney as fast as possible. It may be
  a wise decision to allow the worker to see your
  child without an interview so they are ensured
  that the child is safe.

9

• An attorney can help you evaluate the needs
  and parameters of an interview with your child.
• What Happens if I Refuse an Interview?
• What happens next depends on your case
  specifically. The difficult part of a CPS case is
  predicting what CPS will do. CPS can have similar
  cases but treat them differently depending on
  differing workers, supervisors, and areas.
• You should seek an attorney that has
  experience with CPS, and more importantly, has a
  working relationship with CPS.

10

• You are not required to do anything for CPS
  unless CPS obtains a court order. If you decline
  an interview, CPS may seek a court order that
  would force you to allow CPS access to your
  child. In more extreme cases, CPS may request an
  order to remove the child from your home.
• Depending on the circumstances of your case,
  CPS may agree to not interview your child until
  you have obtained advice from an attorney.

11

• Should I submit to a drug test?
• No, unless there is a Court Order that
  requires you to submit to a drug test.
• There are some limited circumstances when a
  client may wish to take a drug test voluntarily.
  For example, the client is sure an accusation is
  false, or a client is asked for a drug test for
  custody and is sure they are negative.
• If you are unsure about whether you should
  take a drug test, be sure to ask if there is a
  Court Order. This is a yes or no answer from the
  CPS worker and one you might want to get in text
  or writing. If there is no court order regarding
  drug testing, there may be one in the near
  future. You should talk to an attorney about your
  options and the specific issues in your case.

12

• Oftentimes, CPS will assure parents that they
  are a civil entity and do not pursue criminal
  charges. However, the information you give CPS is
  not completely protected from future litigation
  and is commonly used in Family Law cases. Your
  case may come back to haunt you years later.
• CPS has asked me to attend a Family Team
  Meeting or FTM
• To Read Our Full Blog Click Here https//walker.l
  awyer/walker-law-cps-visit/