One of every parent’s nightmares is that their children are being kidnapped or taken. For some parents, this nightmare can come true based upon a false allegation made to CPS. Unfortunately for parents, people are presumed guilty with CPS until they can prove they are innocent.
In two recent articles, located at http://journeyboost.com/2015/05/21/what-to-do-if-cps-shows-up-at-your-door and http://journeyboost.com/2015/06/23/more-on-cps-visits, the author suggests several well thought out suggestions as to how to deal with an initial CPS complaint or allegation. Remember, you do not get a second chance to make a first impression, and your first interaction with CPS may determine if your case can be quickly dealt with or if it will be a long drawn out case during which you fight for months to recover your children.
The article suggests the following 10 things to consider and do if CPS gets involved in your family:
Ten Things You Must Do if CPS Knocks at Your Door
1) TAKE THE ACCUSATION SERIOUSLY.
Parents are routinely accused of ridiculous things: trying to sell their children to relatives for drug money; molesting a child in the living room during a family party; beating a child with a baseball bat – without leaving bruises. Yes, those were real calls to CPS – all taken as true by investigators. I don’ t care how absurd or unbelievable the case worker sounds. Understand that SHE is serious, and likely presumes – no, likely “KNOWS” that you are guilty as accused. Even if she doesn’t flat-out say that she’ s there to take the children, she is quite possibly intent on doing just that. In testimony to Congress, Chris Klicka, senior counsel for the Home School Legal Defense Association, stated that a case worker with 30 years’ experience once confided in him that “When I started working, we tried to prove the family was innocent. Now we assume they are guilty until they prove they are not.”
2) ASK WHAT THE CHARGES ARE.
Most of the time, the case worker wants to keep you in the dark as to what you have been accused of. despite being required by federal and state law to tell you details of the accusation at her first contact with you. Don’t settle for the answer of “abuse” or “neglect.” Those are categories, not details. You are entitled to know what specific actions you are accused of committing.
3) SHUT UP. SHUT UP NOW.
It is imperative that you not submit to a CPS interrogation before talking to your attorney. It is natural that innocent parents who have nothing to hide want to explain everything so that a reasonable person can see that there’s no problem here. But CPS agents are not reasonable. To them, the accusation IS the evidence against you. That case worker is there to find evidence to support what she already believes to be true – that you abused your child.
If you say nothing to them, you have taken away their greatest weapon, which is their ability to twist your words. Let me give you some examples of what was done to parents who did talk to them:
The husband of a client of mine had been accused of sexually molesting their autistic, non-verbal daughter. The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing she could think of was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes. Usually, she would just go in by herself and go right to sleep. The investigator stated to the court that the mother admitted her child had become afraid of her own bedroom.
One father I defended told the case worker that he had disciplined his daughter over a 20 minute period, where he would talk to her about what she had done wrong, swat her a few times, and then talk some more. The investigator stated to the court that the father admitted to beating his child non-stop for 20 minutes.
4) FIND AN ATTORNEY WHO HAS EXPERIENCE FIGHTING CPS.
When? As soon as you realize your family is being investigated. The sooner an experienced attorney enters the picture, the sooner he or she can put a stop to abusive CPS tactics. Please note that I said experience in FIGHTING CPS. Many attorneys – if not most – believe their role is to find out what CPS wants and make sure their clients do it. That way often leads to disaster – and the loss of your children.
5) BE POLITE.
Hostility toward the investigator is considered evidence of guilt. Your perfectly natural angry reaction to being accused of harming your child will be used as evidence of an abusive personality. This is where an attorney can be a valuable asset. He or she can stand up to the bully on your behalf.
6) NEVER LET THEM IN YOUR HOME.
Under no circumstances should you let any government agent in your home unless he or she has a court order. Ask to see the warrant or order, because the CPS worker may lie and say she has one when she doesn’t. When she doesn’t have one, politely but firmly tell her that she will have to stay outside until she gets one. If she claims it’s an emergency, make her tell you what it is. Call her bluff – if it were a true emergency, she would not be asking – she’d be there with armed police officers, forcing her way in. Do not even open the door to let her look at the children.
There is no compromise on this. There are no exceptions. If you invite a case worker into your home, you have waived your fourth amendment protection. And if the case worker is intent on taking your children, SHE WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY IT. THAT IS A GUARANTEE.
Understand that you may be threatened. You may be lied to. She may tell you that the 4 th amendment doesn’ t apply to caseworkers. That is a lie. She may tell you that she doesn’ t need a warrant. That is a lie. She may tell you that she’ll return with armed police officers. And she very well may. But that changes nothing. Even a man with a gun on your porch doesn’t change the fact that she has no right to enter your home.
Listen to the words of an ex-CPS investigator:
“I wish I could shout from the highest mountain to parents to vigilantly learn their rights! If they knew what their legal rights were there would be significantly lower numbers of child removals. Social workers, unlike policemen making an arrest, are not required to inform the parents of their legal rights. All we had to do to remove a child was to show up at the home and tell the parents we came to remove the kids. Often times we would take a police officer with us (never telling the parents he was there for MY protection, not to enforce an order or warrant). 99% of the time we never had to get a warrant or court order to remove kids because the parents would be so intimidated by the officer that they would just hand their kids over and show up for court the next day. But if they had legally known their parental rights, they could simply have told me that I could not take the children unless I had a court order signed by the judge or had a warrant to remove the kids. … the majority of times parents were just intimidated and gave consent for the whole process to begin; completely unknowing of what rights they just waived.”
If officers do force their way in, do not physically resist. Make your objections clear, but stand aside. There’s no point in getting arrested, or risking injury or death. Your children need you fighting for them, and you can’t do that from a jail cell or hospital. Demand that you not be separated from your children, and that your children be interrogated only with your attorney present. (This demand will likely be ignored, but demand it anyway. The fact that they ignored you may become important in later court proceedings.)
7) RECORD EVERYTHING.
Demand that CPS tape any interrogation of your child. Bring your own recorder in case the CPS agent “loses” hers.
Tape record every conversation you have with a CPS worker – but do it secretly. Nothing in my experience enrages a CPS worker – leading to rash action – faster than finding out she’s being recorded. So don’t tell her. It’s perfectly legal to secretly record any conversation that you are a part of.
8) HAVE A DOCTOR EXAMINE YOUR CHILD.
If the accusation is one of physical abuse, have YOUR OWN doctor give your child a thorough physical exam. Ask him to write a letter stating that no bruises, marks, or health concerns were found on the child that would create suspicion of child abuse or neglect. Go to a doctor you trust. Never never never go to a doctor recommended by CPS.
9) GET FRIENDS AND FAMILY INVOLVED IN THE FIGHT.
Gather names of friends and relatives who are willing and able to care for your children if CPS takes them. They are required by law to place with family or friends before considering a foster care child warehouse, but will often ignore that law if you let them. Don’t let them. If your children must spend time away from you, it’s far better that they do so with people you know and trust than in an abusive foster facility.
Also, get your friends, family, co-workers, pastor – anyone who has seen you parenting your child – to write a letter on your behalf, stating what a good parent you are. CPS investigators are required to take such information into consideration, and it’s much harder for them to illegally snatch your child without cause when they know a crowd is watching them.
10) NEVER ADMIT GUILT.
Never, ever admit to anything. Even if CPS has taken your children and offers to give them back if you do (they won’t), it would be immoral to do so if you truly haven’t done anything. Even if you did make a momentary mistake, admitting so may be a quick way to jail and to lose your kids forever.
CPS agents are not above lying to you to prove you guilty of something, so don’t trust what they say. They won’t understand. They won’t give you a break. They will use anything you say against you, and even make stuff up. Don’t make it easy on them.”
Hopefully you will never need to deal with CPS. However, if you have a CPS issue, or other issues regarding custody, parenting time, legal decision making, or other divorce or family law issues, and if you have determined that you need experienced legal representation, please call 480-733-6800 and ask to speak with Douglas C. Gardner, or visit our website at davismiles.com. Douglas C. Gardner is a certified as a specialist in family law matters in Arizona.