Child Protective Services (CPS). When they come knocking at your door, it’s serious business, as the prospect of having your child (or children) taken away fills you with fear and dread, as does the prospect of legal consequences.
CPS is the governmental agency responsible for providing child protection, responding to complaints about child abuse or neglect. Although their mission is important, their system is not fail-safe. CPS may at times act upon complaints of child abuse and neglect in a manner that may be unjust to the parents — which is why it’s important for parents to know their rights in this situation.
A common misconception is that parents have no rights where CPS is concerned and are automatically deemed guilty if there is a complaint. But the reality is that a thorough investigation must be conducted to uncover facts backed by evidence in order for CPS to take necessary action.
CPS and you: what you need to know:
1. Even parents have rights, not just the child. It is important to know the rights and ask to be apprised of them when talking to people from the CPS. The bottom line is that your consent is needed for them to act.
2. CPS is not authorized to talk to your child or investigate your home without your due permission.
3. An unwarranted forced entry or seizure of a child is not justified by the mere possibility of a danger.
4. CPS workers are liable for legal action if they are found to be lying, etc. or try to force an entry into your home. They can be sued for this.
5. When the state breaks up a natural family situation without due proof of parental unfitness and goes solely by a best interest basis, it is a process violation and unfair to the parents.
6. Even the children who have forcefully been removed from their homes by CPS can sue CPS once they become majors.
The Law Office of Blair Parker specializes exclusively in family law and has broad experience in navigating the complexities of CPS cases. Attorney Parker will work for your interests and ensure your legal rights are protected. For more information, give us a call today.
By Walter J. Pink & Associates, PC
March 18, 2020