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. Photos may be taken of any injuries and tests will be run to see if there was sexual abuse.
Sexual abuse examinations should only be done if: i a parent has given consent; ii a judge has signed a court order allowing it; or iii CPS has conservatorship of the child.
Sexual abuse examinations may only be done by a qualified doctor or nurse. A CPS investigator should never conduct a sexual abuse examination. Medical exam. CPS may also ask for a medical exam if your child has an injury that requires treatment and you have not yet taken your child to see a doctor.
The consent rules for medical exams require that you must either go to the doctor with the CPS worker or you must consent to the exam in writing. CPS does not have to give you any notice before coming to your home. An investigator or caseworker can show up at your door any time of day.
When a CPS worker comes to your door, she must tell you who she is and must ask for your consent to come into your home.
If you do not consent, she cannot enter. This is true even if the CPS worker comes with a police officer, which may happen if the CPS caseworker is worried about her own safety or if the police are doing their own investigation. Unless the police officer shows you a warrant, it is still your choice whether to allow them into your house.
You are not the only person who can consent to CPS entering your home! Any other adult living in the home can consent, and even a child can consent if the caseworker decides the child is old enough to make that decision. Even if you tell a CPS investigator that she can come into your home, you can always change your mind and tell her to leave. The CPS worker will have to leave. Also, it could be helpful to show CPS that your home is safe. On the other hand, if CPS finds anything in your house that could be a safety threat, it may be used as a reason to remove your child.
Before answering, think about what CPS will see if they walk into your house and start looking around. One option is for CPS to ask a judge for a court order allowing them into your house. Another option is that the CPS investigator may believe your child is in such a dangerous situation that she must be removed immediately. In this case, a CPS caseworker can come into your house without your permission, but only to remove your child. Pictures of your home. If you allow a CPS investigator into your home, she might want to take pictures of your living conditions.
You can expect that photos will be taken of any dangerous conditions such as broken glass, animal waste, things people use to take drugs, or weapons that are easily reached. If you are not at home, and your child is old enough to understand and give consent or there is another adult in the home who gives consent, then CPS can take photos.
Pictures of your child. If your child is dirty, very sick, or appears hungry, the investigator may take pictures to show how your child looked that day. Pictures of other evidence. Do not expect a CPS worker to ignore piles of trash in the house. CPS will not be pleased about the piles of dirty laundry scattered around the house. The very first thing a CPS caseworker will notice during a home visit is the smell. Get rid of any unpleasant odors, including the smell of cigarette smoke, in the house.
Rotten food. There should be no rotten, moldy, or spoiled food in the house to make a good impression on CPS. Healthy foods. Food choices play a role, so make sure that your kitchen has plenty of healthy foods such as fruits and vegetables. Availability of food. Food must be readily available to your children, so make sure that your refrigerator, pantry, and cupboards are stocked with healthy food. Knives and other sharp, dangerous objects.
Choking, strangulation, suffocation, and poisoning hazards. A CPS investigator will look for any objects or hazards that could cause choking, suffocation, strangulation, or poisoning, so it is vital to thoroughly inspect your home for those hazards before the CPS home visit.
Your home should be free of clutter, loose rugs, secured wires, slippery surfaces, and other slip or trip and fall hazards. Electrical hazards. Any electrical hazards are also a red flag for CPS during a home visit.
CPS investigators are trained to look for telltale signs of coaching. It is not only oral interviews that can be conducted on your child. CPS can also have medical, physical or even sexual abuse examinations done if the investigator believes that it is justified.
Just as it pertains to in school interviews, if you are available in person at the time of the examination then CPS needs to get your permission to have the examination conducted. If a Court has ordered an examination be undertaken then CPS does not need to get your permission, however. CPS also does not have to get your permission to examine or interview your child if the child has been removed from your home. To avoid any problems with obtaining your permission to conduct an examination it is likely that CPS will ask the Court for an Order.
As a warning, if a Court orders you to do something, then you will need to comply. It does not matter if you agree with the Order or not. The CPS worker can examine the child who is the alleged victim of abuse or neglect as well as any other child that lives in your home as well.
The CPS investigator is looking for cuts or bruises that may be evidence of abuse. In the case of neglect, poor hygiene, diaper rash severe or signs of malnutrition are being will be looked for.
For female children, a female investigator will conduct the examination. Likewise for male children, a male investigator will conduct the investigation. If it is reported that your child has been the victim of sexual abuse then an examination will likely occur at a place called a Child Advocacy Center.
CPS is there to help, whether it be getting a child out of a dangerous situation or helping a parent gain skills or resources. The goal of any investigator is not to harm your family, but to improve it. But they will try. Helping families is my favorite part of my job. I said that you should cooperate with CPS, and there is a reason for this.
Cooperating almost always works to your benefit. I have heard every reason for why parents do not want their child to be interviewed. The most common is that they fear the interview will cause emotional distress. However, CPS workers are trained in interviewing and screening children.
They are professionals at it. We always make an interview as simple and easy as possible for a child. Most children do not find it remotely stressful and actually enjoy the interview. Workers may provide them with coloring books or other playthings to ease the mood and make the child feel more comfortable.
I have spent a full hour of pre-interview with a child doing nothing but putting them at ease before asking them a single question. CPS is in the business of helping children, not harming them. They do everything they can to make children feel more safe. Most of the time, though, children have very little emotional reaction to an interview and express no distress at all. If you refuse when they've asked to come inside, they may assume you are hiding something.
This happens to workers fairly often, so it is not as severe as not allowing a child to be seen or not allowing a drug test. However, if the allegation is that your house is a hazard to the child and you do not allow entry into the home, CPS will assume you are hiding something. If the allegation involves people who may be living at the home or any concern for the home environment, CPS will assume you are hiding something if you do not let them in. They want to make sure the home is safe.
Just looking around can be enough. If it is not, CPS can obtain a court order. It is possible for you to be completely uncooperative. If they never see your child, your home, you, or anyone you know, then there is very little they can do.
This, however, can be a very large red flag that something is really wrong. I suggest that if you do not wish to cooperate in any way, you contact an attorney and have that attorney talk with us. My experience has been that if there is no cooperation, a lot of things are very wrong. CPS may just go away for now, but when families have problems, CPS tends to get involved more than once.
CPS can close your case a lot quicker and easier if you show us that nothing is wrong. I add this statement because I stand by it as the number one thing I wish people would consider. CPS workers are just people. They are highly trained and educated people, but they are still just people. They make mistakes. They miss things. They go home to their own lives. They are doing their jobs.
They are regulated and well-supervised. CPS is full of people with thankless jobs that don't pay well and require a massive commitment. They have hobbies and dreams and goals. They have feelings. They often have their own children, their own problems, and their own pasts. They are simply people who have chosen to dedicate their professional lives to helping families and children. I often say that "it is my job to be hated" because it is incredibly rare for anyone to welcome a CPS investigator into their lives with open arms and loving kindness.
Mine is a profession where you have to get used to the idea that most of the families you encounter consider you an enemy. We know this and we can handle it because we know we are doing the right thing. In , the first case of child abuse was criminally prosecuted. The case has come to be known as the "case of Mary Ellen. This created a publicly funded volunteer organization to "establish and publicize standards of child care.
Their purpose was to coordinate public and private child related work. Issues of abuse and neglect were addressed in the Social Security Act in This mandated that all states establish procedures to investigate suspected incidents of child maltreatment.
Many times a family member or ex-partner is belittling or consistently posing a threat to the health and well-being of the child. Unfortunately, there are still many many cases of verbal and physical abuse against children in the U.
No, a CPS finding is not a criminal conviction; nor is it available to the general public. A CPS finding permanently bars you from any work or volunteer position giving you unsupervised access to children or vulnerable adults.
When CPS receives a report or tip, it must first determine whether or not an investigation is needed. A caller does not have to be certain or have proof of abuse or neglect, however, reasonable suspicion is required. If CPS determines that there may be abuse or neglect, a report will be registered, and then CPS will begin an investigation.
CPS will most-likely also make a report to the police. After this, the police may conduct their own investigation the investigation will usually occur within 24 hours of a report. You are able to request your CPS records if you were in foster care or if you had ever had a case open with Child Protective Services about you being abused or neglected.
There are no costs for you to request your records. That said, you must still be an adult to request your records. Tatiana Vdb. The views in the following article are those of the author and do not reflect those of any other person or entity. The advice listed should not substitute that of a legal professional and are not given as legal advice.
Any examples are purely fictional. The following is of personal opinion and should be read as such. This should not replace any legal or professional advice obtained. I encourage anyone who is seeking advice on any subject involving Child Protective Services to seek the advice of a legal professional.
Important : The views in this article are those of the author and do not reflect those of any other person or entity.
This advice should not substitute that of a legal professional and is not given as legal advice. This is personal opinion and should be read as such.
This article should not replace any legal or professional advice obtained. I've always been concerned with not enough CPS involvement. Today, I see all these people complaining about too much involvement. I believe there should be a lot more digging into parent's backgrounds. Homes with toys on the floor, dirty handprints on the walls, messy kids' bedrooms are not a bad thing. It tells me that kids are allowed to be kids.
I'd be suspicious if everything was in its place. Parents that are that strict, are not good parents. Maybe not so bad that it screams for CPS involvement, but still! Any child that has bruises as a result of punishment, is not being punished. They are being abused. Verbal abuse is as bad as physical abuse. Their poor little mind is screwed up I had to deal with a man that verbally abused my adult daughter for 2 months.
I left that state, and when I got across the state line, I pulled in and got a motel room for the night. I feel to the sidewalk and kissed the ground, I was thankful for being away from him. I cried so hard the clerk thought I was suicidal. Now, my granddaughter is having to visit him for weeks at a time. She begged not to go I asked her if he hit her, and she would say, he's just so mean.
He never listens to me, he never lets me do what I want to do. He says I lie about everything. He says the "F" word at me. That all just changed. She actually hit him, and he took his fist and hit her in the head. He left a knot and a bruise. I know this is the first time he has put his hands on her, but the verbal abuse was so bad I honestly don't know what will happen with this, but I hope they take it seriously and listen to her.
The verbal abuse was more than i could take, and I was 62 years old when it happened around me. This article is pure propaganda. CPS workers may not get bonuses themselves, but they are funded based on caseload so have great incentive as an agency to investigate as many cases as possible. They also are not there to help you, but primarily to "substantiate" a finding placing a person on a child abuse registry for life.
Substantiation has to do with how easy it is to prove the thing happened and nothing to do with whether or not a child was in objective danger.
Thus, it's likely that a parent who let their kid play outside unsupervised for a few minutes and admits to it will be placed on an abuse registry. Wheras someone who is horribly sexually abusing a child but doesn't answer the door for the CPS monsters will not even be investigated.
If they come after you, get a lawyer and don't speak to them without legal counsel. Source: I work at the state dept. Of public health AND my family has bee investigated and substantiated over a 15 minute lack of supervision claim. It completely destroyed our lives. These caseworkers don't have any idea how the data they enter into their system is used against people.
It is basically a criminal record never looked at by a judge. No due process. Again, just get a lawyer well versed in CPS cases and do not answer the door. I believed all this crap about them being there to help and that seriously they couldn't make a minor difference in parenting style into a real case, but they can and they do.
And now I have PTSD from the experience and will never trust social workers or any other mandatory reporter again. And our child didn't even come close to being removed. This agency and their brainwashed caseworkers are evil. But , a relatives children.
Been dealing with this for 10 months. Daughter tested for 10 months. Went on a Fri vs the Thurs once and denied 3 months visitation. She has not been allowed to see kids in months. She was the one being abused get she is the criminal. TX CPS main goal is to adopt kids out. The state gets a lot of money from the federal government. Instead of programs to reintegrate they are going everything to adopt to the grandparents.
Grandparents are being paid to foster and get paid to adopt. Her CPS worker reports positive tests even though there is a valid prescription. Took over 5 month to get classes scheduled and tells the judge she isn't completing her tasks. One cannot begin classes if the worker forgets to submit paperwork allowing to complete.
They even scheduled a hearing get left the parents out of the loop that there was a court hearing. This was to plan parental rights termination. Lawyer, case worker told her day of and that she did not need to attend. Fire the lawyer that has done everything to help her case worker friend vs her client, denied.
This whole case reeks of a set up. From what I have seen, Most CPS workers are heartless an s serve the best interest for them and the state, not the children. CPS should use all the tools in their arsenal to help and reintegrate not right out of the gate seek parental right termination for minor between husband and wife spat where children were not even present no charges filed. CPS needs a 3rd party oversight, clearly defined rules and procedures.
This is a pure propoganda piece. If you are criminally charged, legal representation is as must and a right. CPS allegations and investigations carry the same weight as a criminal investigation, all the while you are supposed to "comply" and obey.
CPS is no joke. They are not our friends or guardian angels they would like us to believe. The workers are people. They have chosen this profession out of all the ways to make a career. Do not treat them any other way than is professional and responsible. Know that any misstep or words taken out of context could be you losing your kids out jail time. Many of us have thankless jobs. Are you congratulating every farmer you run into? How about factory workers?
Or even teachers? No one thanks CPS because their service is not needed. If you have an investigation get an attorney. I know they are expensive, but in order for your best interests to be had, you have to have one.
Do not listen to this propoganda. Hi my daughter is bipolar and she has two boys I am her caregiver and I also help her with her kids my grandson got really sick in less than 24 hours so I took to one hospital first then they told me he was ok to go home and I noticed that he kept throwing up all night and diarrhea were he got really dehydrated so I took him to another hospital and there was like 10 docters working working on him he got from bad to worst in hours so they asked questions about his medical history my daughter when she had him got the baby blues plus was of her meds so she needed to go to the hospital to get stable and I'm not the legal guarding so I wasn't able to take him to get his shots so now there saying my daughter neglected her baby and that she doesn't show affection to him first of all they don't know that also they said she slept Alot she takes abilify and it makes her drowsy so how does make her a bad parents.
I am almost done with my Case been Seven months done drug classes completed done domestic violence classes completed butI have two months left so I could close my case and get My rights back Missed a drug test so they marked it as positive what will happen. I am terrified of childrens services i havent even gave birth yet and already on my case i told them it is stressing me out.
They ring me everyday and text that they need to speak to me! It was my partners probation who rang C S because we had a domestic 6 years ago we got back together 2 years ago and alls well.
I dont want to engage untilbaby is born im scared they wilk take my baby away please someone advise what i should do its scaring me. The truth is these criminals yes they eventually process them too are uneducated social outcasts that don'nt give a damn about you. Many were employed off the street giving out your personal information such as what your physical address so, they are desperate to keep thier looser shit job. You ca"nt rely in them for shit. They do the opposite of what they are supposed to and are paid terrorists.
Oh well the cops will enjoy banking on their crap once they get false charges such as kidnapping. No one could pay me enough to do thier loser shit job. IN most cases, DCS workers act like gustopo agents then dcs workers, they try to intimidate people and the children. Older citizens? The representitives left MY residence by MY incistance. I'm not a investigater and don't know how this works but as a person who is accused of something that is going to effect them for 27yrs.
If a cps worker knows the parent and child have a place to live and it's family but also heard our living arrangement does that person have to leave with out any evidence of the parent doing what the family member accused them of and do they have the right to kick the tenant out with out an eviction process and make the parent and child homeless and give.
The cps the right take the child from y parent with out the the eviction process being placed yet did the parent have to leave that home right then and they took the child too because that was the only place they had at the time to live was it wrong for that to happen not going thru an eviction yet and the claim for them removing the child was only for being homeless.
Cps i am under investigation, with my 13yr old son and seventeen year old daughter , Mom , Me went to the mental ward cps placed my kids in the care of realitive. My son is the one at risk for being taken. He was in the home , but never seen what i did.
Heard only. I am at risk of losing him. Hello i am from California, I have six children that where taken by CPS for physical abuse which was not done in my presence. They're where only two of my children that apparently got the belt on 2 occasions and had some bruising. Can CPS take all of my kids even if only 2 where bruised. I am asking not because I think is ok in any way but because for my understanding i have 3 moths to get my 3 month old baby back or she would be put up for adoption and the case worker wants the case to last six months.
But my main concern right know is not losing by 3 month old. I am doing parenting classes that i looked up my house is big for all my children they have everything they need here and more when cps come to my house they saw that the house was clean, big and that there was more then.
CPS came to my son's home. Was real friendly. My son had spanked his son n the but and left a mark for 3 days, then gone. Momma reported it, took pict. My grandson having much trouble in school having the classroom evacuated bc he throws, large objects, hits, kicks, bites, and pulls hair of teachers, aides, students, parents, principal. Inventions in place, IEP, psych etc. He got suspended one day and was very bad at home. Hit my mom 85 yo broke glasses, charged my son 2x, biting, kicking, hitting , and put his fingers n eyes.
Second time he spanked him which immediately stopped the behavior. He apologized to his dad, said I love you and all was done. CPS worker heard story, took notes. Told my son," It sounds like you stop a potentially dangerous situation and accordingly. Also putting him on the CACI child abuser index, pending hearing.
Original CPS agent removed from case?
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