Understanding Child Protective Services (CPS) and How to Protect Your Children

When a concern about a child’s wellbeing is raised, Child Protective Services (CPS) can intervene, often with multiple steps that parents and guardians must understand. This article aims to clarify the process and offer guidance on how to protect your children during such visits.

The Role of CPS

Child Protective Services (CPS) is a governmental agency responsible for protecting children who have been abused, neglected, or are being exposed to conditions that are detrimental to their safety, health, or wellbeing. CPS’ actions are typically triggered by reports of abuse or neglect, or from welfare checks that ensure a child's basic needs are met.

No Action Automatically Leads to Removal

It is important to note that not all visits from CPS involve the removal of children. Some visits are merely welfare checks to ensure the child and home are safe and nurturing. For example, in the instance where a school calls CPS because a child smelled of unwashed feet, CPS may find the child is well cared for and the home is neat and tidy, resulting in a resolution without any further action.

Preventing Unauthorized Entry

While CPS has the authority to enter a home under certain conditions, allowing unauthorized personnel to enter can be a violation of your rights. If a CPS representative or a policeman attempts to enter your home without a valid warrant, do not open the door. A warrant is a legally binding document that must be presented and cannot be produced solely on an anonymous call or a so-called 'handwritten' warrant from a judge.

Whenever CPS contacts you, it is crucial to record the interaction and gather as much evidence as possible. Document any meetings, calls, or interactions with CPS, especially in court, during doctor visits, or during visits with your children. This will be vital for substantiating your case and defending your children.

If you are reported for abuse or neglect and law enforcement is involved, a CPS worker will visit. If there is evidence of abuse, neglect, or the home is found to be in a condition that is unsanitary or unsafe, CPS will go through a judicial process. Evidence is submitted to a judge, who then issues a court order permitting the removal of the children if deemed necessary.

In summary, while CPS can play a positive role in protecting children, it is essential to know your rights and take steps to ensure your children are not unnecessarily taken away. Understanding the process, protecting your home from unauthorized visits, and maintaining detailed records of all interactions are key to protecting your family.