Can CPS Enter Your Home?
CPS can enter your home if (1) they have a warrant or court order. If CPS shows up with a warrant or court order, let them in. Be polite, but DO NOT answer any questions. Tell them you would like your attorney present. CPS is not your friend. Do not be intimidated by them. (2) there is an emergency circumstance. This means that the CPS worker reasonably believes the child is in immediate danger in the home. If this happens, do not make statements to a CPS worker. (3) You give them consent to enter. It is likely that when a Children's Protective Services worker comes to your home, they will ask to enter so they can investigate. If they do not have a warrant, or cannot come up with an emergency as to why they should be able to enter your home, DO NOT let them in. Be polite, but firm, and tell them that you do not give them permission to come inside and investigate. They may tell you that they will get a warrant if you won't let them into your home. Do not fall for it. [ 1.1 ]You may have your children stand by the door to show them the children are not in imminent danger. [ 2 ]
Do NOT Sign Anything
Many times during an investigation CPS workers ask parents to sign medical releases, used to gather information on children and parents alike. A standard CPS release is very broad and will allow access to both medical and psychological records. Do NOT sign anything from CPS without the advice of your attorney. Also, many records contain a large volume of information that informs CPS about sources of records that they would not know about otherwise. A general release would allow them to gather up all of those records as well. Limiting the consent to the issue at hand is often the best practice. None of these decisions should be made without counsel. Have copies of all relevant medical records, so they know what types of statements have been made by medical professionals about the child. If a parent has already signed a medical records release for CPS, it may be appropriate to revoke it. This is something that we consider often. Sometimes revoking a release that you recently signed is seen as provocative. For this reason, we do not recommend this until the case has been thoroughly evaluated by the attorney who will be helping you. If CPS is asking you to sign anything, your attorney should review it with you. If you are signing documents at the request of CPS without having your attorney review it first, you may be endangering your parental rights. [ 1.2 ][ 1.1 ] -- http://www.childprotectiveservicesdefense.com/faq.html -- Attorneys, Kronzek & Cronkright, PLLC, 1-866-766-5245
[ 1.2 ] -- http://www.childprotectiveservicesdefense.com/faq/cps-medical-releases.html Attorneys, Kronzek & Cronkright, PLLC, 1-866-766-5245
[ 2 ] -- http://whateveryparentshouldknowaboutcps.blogspot.com/2008/01/child-protective-services_21.html
