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Old Sep 03, 2018, 10:38 AM
*Laurie* *Laurie* is offline
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Member Since: Jan 2015
Location: California Uber Alles
Posts: 9,150
Quote:
Originally Posted by tecomsin View Post
This is 'guilty until proven innocent'. Unfortunately once your family is in the grasp of agencies like CPS, it is very hard to get out of it. If you had more money I would suggest to get the advise of a lawyer before you say any thing more to CPS. There is some general information on the web in terms of what your rights are and it is important to find out what they are.

This is not necessarily true. If CPS doesn't find a reason to investigate a case, they won't contact the parents again.

I am not sure they are within their own regulations to investigate you for this reason alone. Are they investigating everyone in Texas who has under age children and leaves a psych ward?

Honestly, I believe they should...just to be absolutely sure that every child is safe in his/her home. The follow-up can be friendly and as non-invasive as possible. Referrals to needed services can be offered. For many families, those referrals can be extremely helpful.

I believe they have to have a specific accusation to start an investigation and enter your house. They cannot enter without your permission without a search warrant. If someone claims to be CPS says they have a warrant, ask to see it. Did you ask them if you have been accused of anything and what specifically that would be, in detail? You have a right to know exactly what you have been accused of.

Just by showing up, CPS has a reason to check on the well-being of a child/family. It's not so much an "accusation" as it is a wellness check.

Yes, you can deny the CPS worker access to your home. The problem with doing so is that the worker will have reason to suspect that something is being hidden. Denying the worker access to your home invites further investigation. Better to allow the worker in and permit the worker to speak with parents and child. If everything checks out okay, you will not hear from CPS again (unless there is a different reason for a check in the future).

A lawyer would be in the best position to guide you now in order to advance your interests.

If CPS has done a check and has not found any reason to pursue a case, there's no need to involve a lawyer. if, however, CPS will pursue the case, then I agree with you. A lawyer needs to be contacted.

As an aside, I agree with Polibeth. Please make use of whatever referrals, etc. you are offered or can find. They can be very helpful to you and to your family.