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Child Protective Services is a government agency in many parts of the US. Their main responsibility is to react to instances of neglect and abuse of children. Some states in the US call this agency by a different name like Department of Social Services or Department of Children and Family Services. The duty of this service is not to separate the children from their families but instead to prevent instance of child abuse and neglect. Many times parents may feel tensed and scared if the CPS workers come home to check on the child especially if they do not have any knowledge about their rights. Given below are some questions that are commonly asked about Child Protective Services. What rights would a parent have if child protective services go to their home for an investigation?
Many times a person may refuse investigation. However, in some cases, the child protective services may petition the court to take away the child from the house if the parent refuses to cooperate. If this is done, the CPS will have to prove why the child cannot stay with the parents within 72 hours. The children will be sent back home if no proof is found. In case the CPS was called by a referral, the agency will have to investigate all the referrals to ensure of the safety of the child. If the CPS succeeds in removing the child from the home, the parents will have to fight the charges and prove them wrong in order to challenge the decision. What in particular do CPS workers look for when they investigate a child’s home? What would be the consequences if one refused to take a drug test when asked by a CPS worker?
Most of the times the house is checked to make sure that it is a safe environment for the child to live in. It is checked to ensure that there are no drugs, no signs of abuse and neglect, etc. CPS will drop the case if the parents do not possess drugs or do not have a history of drugs and no proof of abuse and neglect is found. The CPS worker has the legal right to take away the children if the parent refuses to take a drug test when asked by the worker. This is because the worker may suspect that the parent is refusing to take the test because he/she has a drug problem. Can one be forced to take a hair follicle drug test after passing the oral and urine test by the CPS?
Most of the times, parents are asked to take the hair follicle drug test to make sure that they are free of abuse. The hair that is at the top of the head is used for this test. The child can be taken away by the CPS if the parent refuses to take the test. Hence, if the parent does not have a drug problem, it would be best if he/she cooperates with the CPS and takes the test. Can a case be built against someone by the CPS without speaking to both the parties that are involved?
The law of Texas states that the CPS worker may speak to the parents but if there is enough evidence to prove that the house is not a safe environment for the child, then they may not be required to conduct any kind of interview. They can just take the child away. However, a report for the judge may be prepared after further investigation. This report will help the court decide if the child needs to become the “protected child of the state” and whether the parents should be punished or not. Both the parents should be informed of the process. Is the CPS allowed to speak to a minor in the absence of the parent or legal guardian?
CPS may have the right to talk to the minor although the parents may have to right to know what was discussed. This is one of the reasons why minors are contacted at school by the CPS. However, both the parent and child can refuse to talk to the CPS. But it can raise suspicions if the parent refuses to speak to them. It can be traumatic to deal with child protective services. One may not be aware of what action to take or what rights one has when dealing with them. In such situations, one may ask a family lawyer and get more information about Child Protective Services.
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