Should i cooperate with cps

About Post Author. Our goal is to give you the tools to make informed decisions about your legal matter whether you're proceeding on your own or on the fence about whether you need the assistance of an attorney. Note that these articles are not legal advice and may not be applicable to the specific facts and circumstances of your legal matter. Get Started. Click to Call Click to Text. Recent Posts. What happens if I do talk to CPS? If you do decide to talk to the investigator, she must first tell you who she is, what the report of abuse or neglect said, and what the allegations against you are.

She will then ask you to tell your side of the story. If you admit to abusing or neglecting your child, this information can be used as a reason to remove your child in order to keep your child safe. However, being honest about your struggles as a parent can also result in you getting the services you and your family need in order to be happy and healthy.

The caseworker might ask if you would be willing to work out a safety plan see page 48 for more information on safety planning. She should also ask if you have any relatives or close family friends who might be able to provide a safe home for your child during the investigation. It is a good idea to provide names and contact information for anyone you think would be a responsible person to care for your child, even if you are not sure they will be willing to help.

Will CPS talk to my child? The investigator will want talk to your child about:. Consent means that you give someone your okay or permission to do something. Consent must be voluntary, which means that you make the decision yourself, without pressure. No one can force you to give consent. Remember, though, that you are not the only one who can consent. If the child is staying with a relative or babysitter, that person can also consent to CPS interviewing the child.

The CPS investigator will want to talk with your child somewhere private. Most of the time, you will not be allowed to listen to or be involved in the interview. This is so your child can talk freely and honestly.

Most important, never ask your child to lie or pressure her to say things in a certain way. If CPS finds out you did this, it will make you look bad and can get you into trouble with the judge. Asking your child to lie also can make her feel bad and caught in the middle.

Remember that CPS in your life is just as scary for your child as it is for you! If CPS wants to interview your child at school, the rules are a little different. But if you are not at the school when CPS wants to interview your child, then the interview can happen without your consent. And if you refused to consent to your child being interviewed at home, CPS cannot then try to get around this by going to the school to interview your child.

What counts as consent? What does not count as consent? How will I know if my child was interviewed? CPS should notify you within 24 hours of your child being interviewed. What if my child does not speak English or has a communication disability? If your child has a hearing, vision, or speech disability, CPS has to take steps to make sure there is a way for your child and the investigator to communicate during the interview.

If your child is not given the assistance that is needed, you should talk to a lawyer. The CPS investigator has the right to request different examinations of your child, depending on the type of abuse or neglect that has been reported.

The most common exams are physical , sexual abuse , or medical. CPS must ask for your consent if you are available in person at the time the examination is done — whether at home or at school.

You can say yes or no. Your child can also say no. But CPS does not have to get your consent if a court has ordered the exam or if your child is already removed from the home. So, even when you refuse to consent to an examination, CPS will probably ask a court to order the exam anyway.

Most of the time, the Court will order the investigation to continue even without your consent, so keep this in mind when deciding what to do. If you are not available in person to give consent, the CPS investigator must tell you that an examination was done and must also tell you if photos were taken. If your child is feeling nervous, she can ask to have another person stay in the room to help her feel safe.

Physical exam. CPS can also visually examine any other child in the home. The purpose of this exam is to see if the child has any obvious physical injuries, such as bruises, burns, or cuts, or signs of neglect, such as malnourishment, poor hygiene, or severe diaper rash. This often happens with young children who cannot speak or clearly say what happened. Unless your child is a baby, only a woman investigator should examine a female child, and only a man investigator should examine a male child.

If this is not possible, another adult must be in the room for the exam. Sexual abuse exam. If a child has been sexually abused or severely physically abused, she will probably go to a special child advocacy center and be interviewed there. Cps in every state and country are monsters. Do not cooperate and lawyer up immediately if you find yourself in the crosshairs of these people.

My 10 yr old daughter and I have been homeless for almost a year. We have been sleeping in our Chevy Tahoe. She takes showers at my son's, or our other friends. We're mostly at camp grounds where there is running water and bathrooms.

My daughter goes to school everyday. She gets a good night sleep. And she eats dinner every night. Can CPS take my daughter from me because we are homeless? Ok if cps came into my home in sept and supposidlry came up poditive on a swab and he immediately made me place my child in a family members home on a safety but 30 days later closed.

Wasnt i supposed to get my child back? If the investigator supposidley still frlt that my child was in danger and plan to keep him or her on safety and force me to enroll in fbs ir threatened tocomplety take my child wasnt the investigator supposed to provide a court order of my assesment and wasnt i supposed tobe in front of a judge by now reviewing?

Ive had my child taken away for the last 5 months without a cpurt order and maling me take substance abuse anger management parenting og yea making me u.

I dpnt know i have a very strong feeling i was supposed to get him back when i received letter and case was closed.. My son is 3 and disabled crts every time i see him like hes being punished and tells me i love ypu i love i want to go home wuth you all for nothing..

Im getting a attorney today and im suing tf out if this investigator and case worker that i never see.. Ok back in sept cps cane into my home for false allegations.. So here i am waiting and i get a letter from cps saying my case was closed due to unable to determine.. So if it was closed wasnt i supposed to get my child back right then and there.. I understand if the investigator still feels like there is a threat in home and decides to stay with safety thrn isnt he or she suppise to provide me with a court order with assesment from judge and reviee every 2 to 3 months.

Do not tell me you guys don't work on "commission". There are enough money trails running from the fed to state to cps in every state that shows CPS gets HUGE payouts for "legally abducting" kids. On top of that, parents are forced to pay child support to CPS for "legally abducting" kids. In my case, the investigator put her lies in writing. She claimed she was at my residence 2 separate times and nobody was home. Both times listed in her report as being at my house, I was home.

She just did this because the 3rd time allows her to bring the police. Strange, I was home when the police came with her on her "3rd attempt". CPS is a scam. Nothing more. My daughter, who will admit she was never abused in my care, was raped while in CPS care. CPS destroys lives. CPS is a rabid organization bent on making money at the expense of destroying families.

Screening of foster families is pathetic. My daughter ended up in a family of VERY sick people. They were selected simply because they had taken in another member of their family. No other background was needed. Their son didn't look at my daughter as a "family member" and he didn't care about anything accept screwing a cute little preteen girl. Needless to say, nearly 6 years later and I am still dealing with the abuse my daughter endured while in CPS custody.

Workers should be ashamed of themselves for what they put families thru all for a buck. I lost a business and nearly lost my home as a result of CPS lies.

My daughter will forever live with the scars CPS left on her. The true criminals are being paid by taxpayers. You all need to go to jail. Cps is unconstitutional and they are funded through social security, they DO want to take your children and will go out of their way to prove that you are guilty not find facts. Never sign a safety plan, Never let them into your home and always record them no matter what.

Call an attorney as soon a they get in touch with you one that has experience fighting CPS not one that will try and appease them. Our case worker been lieing to us from the first day. I lived away from home for 4 months because of her. Then she told us that I could move back home an I did then she went an told the judge I didn't suppose be at home an her an a deputy showed up an she asked me what I'm doing here an they took the kids so cps does not help people.

They lie an harass people. Don't trust them we are getting a lawyer now. On December 23 had to discipline my 6 year old boy whom I have been having lots of behavior issue. He's gotten so violent, want listen to discipline at all will tell me no I'm doing it. So told him he wasn't going to play with his best friend so he hits me I bent down he took off running out the room I followed him so I just knew he went right back to the neighbors house saw him going that way, but I called he about 20 min later to come home she replied he's not here so I'm going insane.

Police gets called brought my son back when the sheriff took him out he ran from the sheriff. So CPS got report came over to remove my child Also took him cause I hadn't regrested my 6 old in school. Been fighting with the school board have asked CPS in this. They didn't want to hear it I had told them that I would have enrolled in school on January 6th at this year. Due to his learning disabilities. I have tried everything in my power to get in Hope packback people in all have gotten was the door slammed in my face.

CPS are the heroes, all I have to do is morn the loss of my child.. I need to know what my rights are and what can I do so urgent. I know there's no way you can catch CPS in their own lies I have court on Monday they got up there fabricated everything I said they failed to say anything positive. Cps does what they want. If you fight for your rights they get in their feelings cause when you fight it exposes their lies. Cps are destroying my childrens lives. My lawyer is helping them.

My childern try to speak out about whats being done to them and they baker acted one of them. Deny me all my rights. Tell me if i dont adopt my childern out i will lose my rights. I have video and paperwork of the things they do. No one will act on it. I think its a way for the humen trafficking scum to get away with what they do.

My kids are not for sell. I will never stop. They deny me a trial. They have nothing on me. But they know if i go to trial and even if i do lose it leaves this court and goes to higher court and thats what they dont want. I know they are losing sleep cause they know the got the right one this time.

Im coming. To every one involved with Cps. You know if you are wrong or not. If you are fix it cause your kids need you. Dont be fake and waste time for us that care. Your making it easier for these people by being their statistic and your as bad as them. For those who are wronged hold your head up. Pray and never stop fighting. Do it with class though! What course can a parent take if they was threatened buy police and CPS workers into signing your rights away say for example they tell you if you don't sign the papers you will never know where your child would wind up or we Weill have your rights rip from you anyway and there was never no charges if neglect it drugs but yet they have so called picture of such what if they just out right like and call you bad parents and a few other bad names but on there paperwork it all looks legit thus is really happing and I need help so they don't adopt my son out I raised 3 beautiful girl into grown women and they have their in kids now they are telling me I'm a bad parent just because I kept and taught my son at home for kindergarden he wasn't ready for school yet and came and took him that same month he was to start first grade but I haven't got him enrolled yet I still had 3 weeks to get it done what am I suppose to do I want my boy back.

Can a case be open for a year and six months before they notify you? When something happened too you and they put the father in the care and when your get out and called them and they tell you they never had a open case on you and now calling a year and a half later too come and take a visit and then go too my daughter school and talk too her meaning she is 7 years old.

He just got out about 7months ago, he requested for visitations through court but never followed through with his visits. Now that i have my full time they still will not close my case!! Please Help with any advice!!! Thank you for your time. Do the case workers interview both parents? I know of a case where the case worker has her mind made up because she thinks the one parent is being disrespect.

I thought the main person was the child and where he would be the happiest. When the step parents are standing the the child will not say anything against them! It is a very unfair system. Now it is mostly about were the worker feels she was disrespected!

My daughters ex was mentally and physically abusive toward her and her and there three children, but still he got weekend visits this past Thanksgiving he got them and fearfully put what he wanted them to say to say to CPS and they believed the children. Keep in mind these children are afraid of there Dad. The oldest child told his Mom that her Dad made them lie on there Mom to CPS and his Mom called CPS and reported this my Daughter has worked since she was 16, coached cheer leading never smoked or drank an excellent mother , She was suppose to have gotten the kids back today and he went and filed a DVP against her on behalf of the kids.

He has enrolled the kids in a different school in a different county, tell me this isnt traumatizing on a child come on now. Our hearts our breaking we want our babies back. Please help. XCmom maybe you need to be wrongfully accused and talked to like a dirty rag on the street.

My husband and I have done nothing wrong and we are being treated like criminals. FYI, we are very good parents. I'm sorry but the amount of comments written by parents on this thread sound like exactly what an abuser would say.

At least learn to spell, that way you seem less illegitimate in your claims of being a 'good parent'. Personally I found this page in attempts to find help for my friend with a severely abusive mother. CPS has not been beneficial; they have been called on them multiple times by different people, because the abuse is obvious , yet no case has been brought against her.

I don't believe the child is in immediate danger, but has been experiencing abuse for years now and it pains me. I just want to see the mother removed from the situation so she can be safe.

The amount of mental trauma, ptsd, and physical abuse she's endured breaks my heart. Quite frankly I'm in favor of CPS being against the parents, even if it's a thorn for those of you who are good parents. I'm tired of nothing being done, I'm tired of parents being able to sweet-talk their way out of the system. I really wanted to know the real legal answer to this question please!!

So, can I tell my children's school that they are not allowed to let my children be interviewed by CPS? I do not mind them being interviewed at home, but I do not appreciate them going behind my back and talking to them at school without me knowing. What if it has nothing to do with you but it's about someone else who lives in the house?

Then CPS says that there's allegations about you. What do you do then? CPS can not just go speak to your child without you knowing! They can not drug test you without consent, they can not take your child without a judgement, warrant! They can lie to you and scare you into believing they can! If you let them in or even speak to them, it will be held against you and your words will become theirs.

This they can do. Now, if you hear the ten things you must know, there are many wrongs to her writing. She says they can, well they can but only if you have already agreed and signed your rights away.

Or they have a warrant to do so. Other wise, they can not just speak to your child. This is the way they word what they can do by leaving out what allows them. So after they have crossed the line and scared you, they no longer have to worry, you now are working with them. So, if you believe them, you lose. If you need help against CPS, I would be happy to help!

Me an my wife have been going through this for 3 years now been called on 13 times for the same thing never gets old of some one saying the our kids are unsupervised or are falling down the stairs when we have a gate the blocks the stairs or that are part of the house is a desaster now we have go through chins case an everytime they been called is stupied.

Hello, I feel bad for some of the people here. I am in the CPS system myself fighting for my 2 boys. My lawyer told me that the court decided on me having them back but I have to see them home with me before I believe it.

Ok so my children were taken from there mothers custody and were put in temporary custody with her aunt. I have tried everything I know to get my kids. Can you give me any advice to how I can get my babies? CPS workers are notoriously over worked, under paid, under trained, and poorly educated in regards to a professional career. Do Not Trust what they say Can cps make you put your child in daycare?

Stating they need a break. Both parents suffer from ptsd, anxiety and depression but are on medication and it is controlled. I know becuase I live with both of them. I watch the children when they want time together. Cps say that isn't good enough becuase I don't know the mother that well.

Oh but putting the children in daycare with some that doesn't know her at all is ok? Who can I talk about all of this and what cps can demand and what they can not. My daughter was taken from me my brother has her. She had been out of school sick. School called wanted me to bring her so they could see her. The offer wanted to talk to me. Stated that they was drug use. We have not been to Court. I've done everything they ask. And I still don't have her. I want her backknow I'm lost without her.

Cani go get her. If 1of the parents does not strap in the child to eat which is only 16 months old. The baby is always moving and could fall out of the chair. And no, law enforcement can NOT force you to stop recording. IF they continue to be an issue, contact your attorney and publish the footage if need be. Ok myboyfriends is getting his kid because they reported her whit CPS and he's going to get.

Them we live in utha she in AZ do I have to take a Drug test and. My son reported sexual abuse by his father to a police officer over two weeks ago. We need help. I personally had dhr if AL called on me by a vindictive ex boyfriend.

He used some truthful situations about my daughters father and step mother. He exaggerated my part in supposed neglect accusing me of heavy drug use. I went along w interview process and drug test where a had some marijuana in my system. They dismissed case declaring it was of malicious intent.

Fast forward my daughter is staying w her father more than ever.! Regardless she has been thee more. Now his wife and him had dhr called Bc if small kitchen fire. Her dad failed for alcohol and wet to treatment. Bit are in treatment and kids are w his parents. I rented my house to save it. I was phone interviewed and told case was being closed. They want to test me too. I'm sorry, but no, this is not how it works. It's how it's supposed to work, but it doesn't work that way. I have been involved in 3 CPS cases with 3 sepwrate familes.

I am currently helping a relative. Some advise:. NEVER agree with the agent that you are tired, overwhelmed or that you thi k you need services.

If you do this you are admitting you are not an adequate parent. I've seen kods removed because the single mom of 3 kids 1 was special needs agreed with the csse worker that she was overwhelmed and she could use the help of a nurse. Instead of helping her with getting a nurse and respite they said she wasn't equipped and took the kids.

Don't admit anything. You are not overwhelmed. You are not tired. You do not need services. I understand that. However, there are many free legal services available. We have a full list of free legal aid agencies in all 50 states right here! Also, most lawyers provide a FREE 30 minute consultation on your first visit. When CPS visited us a few weeks ago, we followed up with a local family law attorney and received some very good advice during our free 30 minute visit!

If possible, arrange for any interviews to be held in front of an attorney. This can be costly, especially if you are paying to have the attorney come to your home. They cannot come in your home without a court order unless they witness an emergency taking place. They cannot take your children away without a court order except in exigent circumstances. Child Protective Services cannot simply take your children away from your home.

Except in exigent circumstances, a court order is required before CPS can legally remove a child from your home without your consent.

Exigent means that an emergency is actively taking place and action must be taken immediately. Law enforcement have their own laws and regulations regarding the removal of children. However, CPS cannot take custody of the child from the police until the court order is complete. Without a court order, CPS cannot ask a hospital to detain a child in temporary custody.

There are some really beneficial programs offered by CPS. Even if you are investigated — and even if the allegations are deemed unfounded — you may be able to get some valuable help from this agency! Among other things, CPS can provide your family with food vouchers, free diapers and even help with housing! One of the most important things to remember is that Child Protective Services investigators are just people doing their jobs.

Sometimes they miss things and sometimes they make mistakes. Sometimes, they see some truly horrific things. At the end of the day, they just want to leave their jobs and move on with their lives. Have too much month at the end of your money?