Saturday, May 31, 2014

How are my rights as a parent affected or changed during an investigation?

How are my rights as a parent affected or changed during an investigation?
During an investigation, there is no legal status change as a parent. Unless there is
an emergency removal of your child from your care, you will keep all of your
rights as a parent.

Can I be present when my child is interviewed?
The CPS worker has the authority to talk to your child and to your child’s
brothers and sisters without your consent and outside of your presence. If the
report claims that you or someone else responsible for your child’s care has hurt
your child, the law allows your child to tell what has happened without the family
members present. Therefore, the CPS worker decides who should be present
during the interview. Although your child can be interviewed and physically
examined without your permission, your cooperation and permission may
be requested.

Do I have to allow the CPS worker into my home?
No. You do not have to let a CPS worker into your home or answer their
questions. Despite this, the CPS worker is still legally required to investigate
reports of suspected child abuse and neglect. If there is reason to believe that your
child is in danger and you deny access to your home and your child, the police
may obtain a search warrant to enter your home and check on your child.

http://www.nicwa.org/resources/familyrec/familyguide/familyguide.pdf

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