CPS -what to do if they knock on your door, And what NOT to do!
How did CPS get to my door in the first place?
Well, unfortunately, somebody "dropped a dime" on you, if you really want
to know. It could have been a legitimate complaint from a school guidance
counselor or some made-up nonsense from a neighbor who you don't get along
with. Either way, if they are there- it’s serious. And you had better act
appropriately, or risk getting yourself into more hot water.
I have seen articles where lawyers tell the person answering the door to ask for the CPS'
Investigator's name and phone number, like it's some big mystery. This will not
be necessary because they carry business cards and have I.D. badges. The one piece of advice I would give you, as a non-lawyer, would be to call an experienced family law attorney right after CPS leaves.
Now you have to be honest with yourself at this point. Is there any chance in the world, no
matter how slim you think it is, that there could be a real complaint against
you? Did you hit your child or use harsh or excessive punishment? If you are on
the "borderline" with either one of these, you might want to avoid
letting the CPS worker into your home. It is probably best to politely tell
them that you are busy and that you are happy to speak with them, but you need
to reschedule. If this happens, and they leave, you should consider speaking
with a Family Law attorney. CPS can start a proceeding that can lead to you losing your kids.
The Key To Dealing With CPS
Here's the key to this whole encounter: don't be rude or defensive with the worker- they
are there because someone else complained. They are just doing their jobs.
Don't make their jobs harder by making a big fuss. Trust me, they will remember
it, and possibly think you are trying to hide something.
If the worker agrees to reschedule, YOU HAD BETTER KEEP THE APPOINTMENT! This is not
some game you play with your friends- if they came to your door- they are
investigating a complaint of child abuse or neglect. They won't just forget
about it and "go away". If you avoid them, what they'll do is get a
subpoena and drag you into court. So, play your cards right from the beginning.
CPS CAN Come Into Your Home And Take Your Children Without a Warrant!
Here is something you should keep in mind- if the CPS Investigator thinks that your
child is in imminent danger of serious harm and they ask to see the child, you
really should comply. Here's why: if you refuse them, and your child is in
danger- they will call the police to help them make entry. An example of this
might be if the CPS worker standing at your door overhears a physical altercation
going on inside your home, or smells the odor of drugs like "crack"
coming from inside. If this happens, you could be in big trouble, especially if
your child is home while this is going on.
CPS can temporarily remove a child from your home without a court order- if the child
is in immediate danger. What happens is they will remove the child and you will
be in front of a judge the next day. If you don't have a lawyer, or cannot
afford to hire one, the court will appoint one for you. You never have to represent
yourself in these matters.
You Can Sue CPS, Although Maybe Not For What You Think! (see why)
In certain cases, people have been able to successfully sue CPS, although it was not because they were upset with their case or the results they got in family court. If CPS was grossly negligent, for example, they placed your child in foster care with a known pedophile and your child was molested, then you can sue them. You can not sue if a judge in family court decided in their favor over custody matter or visitation and the like. There is a big difference. One is like getting food poisoning at a restaurant from bad food, the other is like, well, you just didn't like the taste of your hamburger. didn't like the taste? Too bad, don't go back. Got food poisoning, went to hospital- call a lawyer.
Conclusion
If it gets to the point where your children have been removed from your home by CPS, you
are in for a long, hard battle. Depending on what goes on later, there is a
chance you could lose your kids. No matter if you have done something wrong, or
made a mistake- you still have a right to defend yourself in court. To do this
smartly, you'll need an experienced attorney to stand up for you. Find out
about a FREE consultation from a Nassau County Family Lawyer.
You may also find this article helpful: https://divorce-lawyer-blog.mystrikingly.com/blog/child-protective-services-faq
