Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Mom Confessions Mom Confessions

CPS- Let them in or ask for a warrant?

Posted by   + Show Post

If cps shows up unannounced, do you let them in and cooperate or demand a warrant and high a lawyer? This is why I ask:

What Should I Do When Child Protective Services Knocks on My Door

Dan Weaver

October 4, 2004. I will remember that day for the rest of my life. For me, September 11, 2001 fades in comparison because October 4, 2004 was the day Child Protective Services (CPS) of Montgomery County, New York took my daughter away from me based on anonymous and false allegations. I finally got her back, but she would never have been taken in the first place if I had known more about how CPS and Family Court operated, and if I had known my rights under the law.

Don't make the mistake of thinking that it can't happen to you. Before it happened to me, I would have never thought it was possible. Although my wife and I were approaching age 50, neither of us had any experience with courts, lawyers or investigators of any kind. We had each received a couple of traffic tickets in our lives, which we dutifully pled guilty to and paid the fines. We had hired a lawyer twice for closings on house purchases. My wife had served on a jury once.We had been married for 25 years, raised two boys who were model citizens, extremely bright and had never had any trouble with the law. We both worked. My wife graduated from community college with a 4.0 average and was a charge nurse at a local nursing home. I had an M.A. degree in English and ran my own business. We paid our taxes, went to church, helped our neighbors, voted in every election, put up the flag on holidays-in short we were the kind of people that supposedly were the backbone of America.

The number one piece of advice I can give people who have been falsely reported for abuse or neglect is to hire a good lawyer. (I am not a lawyer, by the way, so please don't take any advice from this article without consulting a lawyer first.) But don't just hire any lawyer. Your lawyer must be familiar with family law and social services law. He or she must also be aggressive. Child Protective caseworkers and social service lawyers are very aggressive, and they will run right over a mealy-mouthed lawyer. I know because it happened to the first lawyer we had.

Another mistake we made was cooperating with CPS. It's just like cooperating with the police. It generally buys you nothing. When CPS investigators come to your door, you do not have to let them in the house, unless they have a search warrant. All of your constitutional rights are in force, and you need to maintain them.

Get the investigator's name and business card if possible. Speak as little as possible and as politely as possible. Close the door as soon as you are able and contact your attorney right away.

Before closing the door, ask what the allegations are. CPS will not give you a copy of the report but will generally tell you what the allegations are. Ask the investigator to read the report to you and write it down word for word. If possible, and legal in your state, record the conversation.

The CPS investigator may say she can't tell you the allegations unless you let her in the house. That's a lie, and CPS investigators are not beyond lying to get what they want out of you. They will bluff and try to intimidate you. Ignore all such actions. They will do anything to get into your house in order to snoop around and in order to talk to your children. Never let them talk to your children, unless a court forces you to or your lawyer advises you to.

Once CPS leaves and you have contacted your attorney, begin gathering any evidence you can to refute the false charges. These may include medical, dental and psychiatric records. If the allegations involve abuse, ask your lawyer about getting your child an immediate physical examination with accompanying photographs. If the false allegations involve a specific day and time, try to remember what you were doing at that time. If you were with other people, call them and ask them to be witnesses.

It's enormously important that you know all of your state's laws regarding Child Protective Services, neglect, abuse, as well as your rights under your state's constitution and the United States' constitution. Learning these laws now, before anyone falsely accuses you, will save you a lot of trouble in the future. And don't assume your lawyer knows the law. Make sure both you and he know the law.

Whatever you do, keep records of everything. I cannot emphasize enough the importance of documenting everything if you have been falsely reported. Get a blank notebook. Record the date and time of every conversation you have with Child Protective Services caseworkers, every visit, every visit or phone call with your lawyer and any visits you make to your child's doctor or counselor. In short, document everything that might have any bearing on your case.

Just one investigation by CPS, and your life can be altered forever. Mine has been. Yours won't be if you prepare yourself in advance.

by on Jun. 23, 2012 at 5:35 AM
Replies (21-30):
RedRozeMom
by on Jun. 23, 2012 at 7:31 AM
2 moms liked this
Nope...I have nothing to hide, but you come to my house to investigate me you better have a court order/warrant. IDC who you are or what reason you have for being there.....
Posted on CafeMom Mobile
brknangel
by on Jun. 23, 2012 at 7:37 AM
1 mom liked this

They better have a warrant otherwise CPS will never set foot in my apartment even though I have nothing to hide. I dont trust them for shit.

sunshinebebe26
by on Jun. 23, 2012 at 7:41 AM

I have heard they will take everything you say and turn it around on you ....

Quoting Thewife06:

I watched CPS make my mother's life a living hell.  Because she cooperated and let them in thinking "I have nothing to hide."  BAD mistake on her part.  Because my bio dad (Who was majorly abusive) called & made up all sorts of lies.  I had bruises on me when they visited from HIM and becasue she cooperated they turned everything she said around and made her look like the awful parent EVEN WITH THE ABUSE FROM MY DAD ON RECORD.  I came home with bruises from visitation with my dad and we had gone directly to the police station & filed charges.  CPS was called by my dad after he was taken that night and that fucker lied saying it was my mother who beat me. 

 

I do not trust social services.  I think they are a bunch of morons with their heads up their asses.  They take good parents and drag them down & beat them while allowing shitty parents free rein.  No way in hell will one EVER step foot in my house.  And they have a 30 second warning to get off of my property. 


sunshinebebe26
by on Jun. 23, 2012 at 7:44 AM


Quoting RedRozeMom:

Nope...I have nothing to hide, but you come to my house to investigate me you better have a court order/warrant. IDC who you are or what reason you have for being there.....


This and i once heard this guy on the radio saying some social workers get paid by rich people to seek out a certain tye of baby blonde hair , blue eyed girls especially and then they are paid under the table to get the baby up for adoption so the couple can adopt it , and all three of mine are blonde with blue eyes my baby is a girl and my boys are 3&4....

ForeverMommy08
by on Jun. 23, 2012 at 7:48 AM
I have children services in my house every month. (im fostering my nephew until the appeal period is over, then he's ours) so I have to lol. I LOVE our caseworker. Hopong to have no more run ins with them tho. If I do idk whay I'd do.
Posted on CafeMom Mobile
Celia21
by Silver Member on Jun. 23, 2012 at 7:52 AM
Kay that is fucked!! Sorry for the language... how could.someone live with themselves and that payed for child always reminding them of how they got the him/ her.disgusting. i am going to school for social services bcuz i cade.for children and i would never do that for money.nor would i be that cps worker that twista everything people say..i am doing it for the right reasons.to protect children who r acrually in harms way. Ugh makes me mad when i hear stuff like that. I dont understand how some cps workers r messed up like that.p.s on my cell

Quoting sunshinebebe26:



Quoting RedRozeMom:

Nope...I have nothing to hide, but you come to my house to investigate me you better have a court order/warrant. IDC who you are or what reason you have for being there.....


This and i once heard this guy on the radio saying some social workers get paid by rich people to seek out a certain tye of baby blonde hair , blue eyed girls especially and then they are paid under the table to get the baby up for adoption so the couple can adopt it , and all three of mine are blonde with blue eyes my baby is a girl and my boys are 3&4....

Posted on CafeMom Mobile
Baby8901
by on Jun. 23, 2012 at 7:56 AM
Let them in. I'm not gonna go get a lawyer if I don't need to, that's just silly.
I have nothing to hide.
Posted on CafeMom Mobile
sunshinebebe26
by on Jun. 23, 2012 at 7:58 AM
1 mom liked this

yep, i stear clear of Social workers not bc i have done anything wrong . but i don't trust em.... too many stories surfacing about shit like that happening... one family got there baby taken away bc they fell on hard times and were living in an extended stay and the cps agent didn't think that was appropriate.... so she just took the baby... I will try to find the you tube link they recorded the whole thing ...

Quoting Celia21:

Kay that is fucked!! Sorry for the language... how could.someone live with themselves and that payed for child always reminding them of how they got the him/ her.disgusting. i am going to school for social services bcuz i cade.for children and i would never do that for money.nor would i be that cps worker that twista everything people say..i am doing it for the right reasons.to protect children who r acrually in harms way. Ugh makes me mad when i hear stuff like that. I dont understand how some cps workers r messed up like that.p.s on my cell

Quoting sunshinebebe26:

 


Quoting RedRozeMom:

Nope...I have nothing to hide, but you come to my house to investigate me you better have a court order/warrant. IDC who you are or what reason you have for being there.....


This and i once heard this guy on the radio saying some social workers get paid by rich people to seek out a certain tye of baby blonde hair , blue eyed girls especially and then they are paid under the table to get the baby up for adoption so the couple can adopt it , and all three of mine are blonde with blue eyes my baby is a girl and my boys are 3&4....


Anonymous
by Anonymous on Jun. 23, 2012 at 7:59 AM
We adopted our child who is A blond ble eyed male-cys didnt seek him out for us nor did they alter their home study to give him to some rich folk. Seriously people, you need to know how cys works! They have to have a court order to remove your child and are accompanied by the police when they do. Simply cooperating isnt going to cause you the loss of your child if they arent in danger or neglected!
MissyB2275
by Member on Jun. 23, 2012 at 7:59 AM
Quoting IncognitoOne:

I'd only make them wait for DH to get home. No one I don't know steps foot in my house when I'm alone with kids.....badge/ID card or no badge/ID card...unless they want to go get a warrant and raid me *shrug*, lol. 





I am totally the same way......only family, friends, or those I actually know will I allow in my home when hubby is working. If it were a cop they would have to just stand there & wait till I called my husband home from work......I have 3 small children & they are the most important to me.
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)