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What are my rights if CPS is called?

I am concerned my neighbor will call (or has called) CPS on me. My neighbor is a drug dealer, crack and pharmaceuticals, for the past month my husband and a few other neighbors have been calling the police every time he goes to deal his drugs and last night I called the cops because I could smell him cooking his drugs from the commons area in our apartment complex.

Well, the cops come by and talk with him, they legally can't do anything more than that with out witnessing evidence and smell isn't evidence. When the cops talk with the drug dealer he tells them that my husband is a pedophile and mentioned something else about our children that I couldn't hear. After the cops talk to him I talk with them and try to explain the situation (that he is a drug dealer).

Now, I want to know what my rights are if CPS does come knocking on my door or what I can do to prepare for a possible CPS visit.

FYI: We are saving up to move.

Answer Question

Asked by Anonymous at 1:33 PM on Oct. 25, 2009 in General Parenting

Answers (8)
  • They will not do anything to you as long as you are not doing anything wrong, and you are not! CPS can see the number of times the police have been called on the guy--I doubt he will call them, it would draw more attention to him, you need to write down plate numbers of people coming to his apartment, and call the narcotics unit, a couple of nights with a patrol car in the lot may convince him to move! Good luck mom!

    Answer by kimigogo at 1:36 PM on Oct. 25, 2009

  • Narcotics does have a case open on him and I have been taking license plate numbers, pictures when I can safely get them and writing down his movements while he is doing drug activity.

    I am a good loving mom and my husband is a good loving father. I am concerned about CPS because we have chosen not to vaccinate until 3 years of age (both my children are under 2) and my oldest son right now has several bruises from falling off of his big wheel. I just don't want CPS to think that something is going on when it isn't.

    Answer by Anonymous at 1:57 PM on Oct. 25, 2009

  • The cops can't smell the stuff when they go over there? Hard to believe they have never been caught if the cops have been there several times. Was this the first time you talked to the cops? If not they will probably not call CPS because they know what is going on and the guy is just trying to cause trouble. If not they may feel they need to call and then you don't know what will happen. If you are lucky they will just come and do a home check and interview your husband and kids. Of course there is a chance they will remove the kids from the home first. It is unfair but has happened many times. I am sure you have heard the stories.
    I'd keep calling the cops and hope you can get him caught. If they suspect he is making or selling drugs they have every right to go in and check it out.
    Good luck!

    Answer by itsmesteph11 at 2:00 PM on Oct. 25, 2009

  • I would clean the house for company. Other then that don't worry, CPS is looking for people hurting there kids they will know a bogus claim when they see one. Also the cops know a drug dealer when they see one, they probably didn't even listen to him, he isn't a creditable witness. They can verify some of his claims with out even having to talk to you.


    Answer by DevilInPigtails at 2:01 PM on Oct. 25, 2009

  • It's not your neighbor you have to worry about. He's not gonna call CPS. The cops have to report it, though, since he said it.

    Get your house spotless. Because when CPS is involved, you don't have any rights. They can take your kids and ask questions later.

    Answer by Ati_13 at 2:25 PM on Oct. 25, 2009

  • Oh, the cops can smell it but they can't just go into his apartment uninvited without a warrant unless they visibly witness something.

    My husband and I are scrubbing the house clean right now. =( This is a sucky situation.

    Answer by Anonymous at 2:43 PM on Oct. 25, 2009

  • Honestly, I don't think you have anything to worry about. CPS is not going to freak out over dust in your house, nor are they going to be upset if there are toys on the floor. They are going to want to see your house has good food for the kids, clean clothes, those kinds of things.

    Answer by apexmommy at 3:42 PM on Oct. 25, 2009

  • If you are cooperative with CPS they will give you no problems. Make sure you make it known that you think the report is the result of a neighbor dispute, i.e. neighbor is drug dealer. I agree with the other ladies he probably won't call as that would draw a lot of attention to himself.

    Answer by A.Day at 4:50 PM on Oct. 25, 2009

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