Can I ignore CPS?

Q: Do parents have the right to refuse entry to an investigator? A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court order—similar to a search warrant—requiring you to allow them access.

Should I let CPS in my home?

You should never let a CPS worker into your home until you are positive they have a court order or warrant. Letting the official into your home waives the protections afforded to you by the Fourth Amendment. Ask to see the physical copy of the warrant, as some CPS workers may lie about having one.

Do I have to cooperate with CPS?

You need to cooperate. If you don’t cooperate, CPS will infer that you are attempting to hide something. Try to get some information from CPS about what they wish to discuss with you. Chances are, you probably know why they want to talk to you. Consult a lawyer and have legal counsel with you when you are interviewed.

Can a CPS investigator ask for access to my child?

The investigator can ask for access to your child, but you have the authority to deny her that access. For example, you’re in a co-op. The parent of another child in your son’s group has been accused of sexual abuse of a child. CPS may want to interview your child to find out whether the man has done anything to him.

Does CPS want to see my child before talking to me?

The simple answer is yes. The longer answer is CPS will usually attempt to see your child before they talk to you. There is a simple reason for this: Workers want to talk to the child before a parent or foster parent has the chance to tell them what to say (at best) or threaten the child with consequences of disclosing abuse (at worst).

When does CPS have no authority to investigate an allegation?

Second, if the allegation doesn’t include a legitimate allegation of abuse or neglect of a child, CPS has no authority to investigate. (And note that “abuse” and “neglect” are categories, not allegations. You are entitled by law to know the details of what you are accused of doing.)