How can cps take your child

Do not hesitate to speak with a knowledgeable attorney to help you get your kids back from CPS after the removal. Understandably, the situation is very stressful and intimidating, but you need to do your best to keep calm.

If your children were removed from your home, you have no time to waste. Pritchard to schedule a free consultation and discuss your situation. Our skilled CPS lawyers will fight for the return of your children. Call to receive a case evaluation. Blog April 8 Reasons Child Prev Post Next Post. Mom and Dad are going to be asked some general screening questions, as well.

These questions help a CPS worker determine several things. For example, is the family in a position of high stress? Does the mother or father show a pattern of behavior? Is there a long history of violence, sexual abuse, or incest in a family? There are many times when the original allegation is not what the investigator found to be of the most concern in the family. For example, a physical abuse allegation may lead investigators to discover that no physical abuse is occurring, but that there is domestic violence between the father and his girlfriend.

In the end, they may ask the father to attend domestic violence classes even though this was not what he was reported for. This is a sticky subject. CPS workers can drug test you, but they do need your consent.

They cannot force you to take a drug test since they do not have the legal authority to do so. They will not notify you that they are going to drug test and they will arrange for the test in a short period of time. There are certain counties or states that will drug test every person in every case. You can be drug tested no matter your age and your children can also be drug tested.

There are a million rules that govern this and all kinds of different rules for each situation. You should know what those rules are and know what your rights are. The way you react to being asked to take a drug test matters.

If you refuse, you can be court-ordered to take one. If you are court-ordered, they will take a nail scrape, a hair follicle, or some other type of test that looks further back into your history, and you will be required to take this test. If you refuse a drug test, the investigator will assume that you are using and act accordingly. This is important to know. People who are clean rarely refuse to take a drug test, even though it does happen. In fact, they are more likely to demand a drug test to be cleared of the allegation of drug use than to refuse to take one on principle.

You can refuse on principle, and I've seen it happen. Just take the test. If you are going to test positive on a drug test, tell the investigator before you take it and discuss what will happen. Positive drug tests do not mean automatic removal of your children. It may mean that they have to stay with someone else for a while, but it does not necessarily mean your children will be put in foster care. Every situation is different.

Be honest and talk to your investigator. They will not be shocked. They will not overreact. They deal with it every single day. I have heard many things about CPS and removals.

I've heard ridiculous things, like they have a quota they must reach for removing children, or they get bonuses for removing a child. First of all, when a child is removed, a CPS worker has just guaranteed themself an extra 50 or so hours of work. It is not pleasant and they do not want to do those things. Workers do not get bonuses, perks, or anything else for removals, and there is certainly no quota.

The policy is to do everything possible to avoid removal. You may not see those policies or notice what's being done to avoid removal, but it's true. It may happen very fast. You may feel that they have walked in and snatched your baby without a moment of thought. While those feelings are understandable, it simply does not work that way. It doesn't happen that fast for us.

Remember that CPS likely began the investigation before approaching you. There are cases where the situation is so dire that an emergency removal is necessary based on very limited but devastating information. Removal is different from placement. If you have been asked to place your child with family or other types of kin, your child has not been removed; you have voluntarily placed your child in another home while you work some type of service or control some different factors.

Removal will involve a court order from a judge either prior to the removal or within 24 hours after. You will be asked to attend court hearings and you will get an attorney. If this is not happening, you have not had your child removed. Foster care is absolutely the very last resort and the ideal is to not have children placed in foster care. Any other viable, safe option is very much preferred.

Plus, removal does not mean that you cannot ever have your child returned to your custody. The process for permanent, non-voluntary termination of parental rights is very, very complicated and takes 18 months or more.

CPS can often be demonized. People who are being investigated can feel like CPS is there to harm them, tear their family apart, pry into their lives, and embarrass them. Parents feel harassed and invaded. I get it, and most CPS workers understand that you feel this way. They would feel this way too if it were happening to them. CPS has access to massive amounts of resources and social services and can provide you with tools, materials, and concrete resources that you want or need to help your family work better.

Ask your investigator about anything you need, from diapers or food to a new home. They will get you resources if there are any. They may recommend things for you and you can request specific things as well.

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.

Factors that can lead a court to deem a parent unfit include: Instances of abuse or neglect; Willing failure to provide the child with basic necessities or needs; Abandonment of the child or children; or. CPS has absolutely no right to enter your home unless they have a warrant signed by a judge. If the worker insists on entering your home , politely tell them no unless they can produce a warrant to search your home.

Q: Do parents have the right to refuse entry to an investigator? A: Yes. But refusing entry to CPS will not end the investigation. Parents have a right to know all the claims made in the investigation. Parents are human and make mistakes or have misunderstandings too. CPS social workers recognize that some claims can be explained through cultural, religious, or economic differences. CPS may also demand that parents follow a plan of care and action.

This comes as a shock to a lot of parents, but CPS can legally talk to your child alone. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you.

Parents may question the legality of this, however, it prevents kids from being coerced into saying something false to protect abusers. Kids can be threatened or worse by abusive parents that may about CPS investigation. CPS social workers are trained to understand the complexities of any family dynamic. If parents are worried about their children saying something that may incriminate them, remember that CPS social workers must look beyond just the surface-level. If your social worker does use something out of context, call a lawyer to know your legal options.

Unannounced visits are very common in cases with extreme or violent allegations. Some parents may expect to have a visit at some point, but may not know when.

CPS might ask you questions that seem irrelevant to your case. These questions are not accusations. During the investigation, CPS will want to cover everything.