Call us now:
It’s a typical day. Your husband’s away at work, the kids are hungry, the house is a mess. You’ll straighten this weekend. A knock at the front door. Through the peephole you see a stranger, clipboard in hand, a CPS I. D. badge hanging from her neck. There she is, a parent’s worst nightmare incarnate, waiting for you to open the door. What do you do now?
Here are ten things that are a must – wisdom gleaned from decades on the front lines.
1) TAKE THE ACCUSATION SERIOUSLY.
Parents are routinely accused of ridiculous things: trying to sell their children to relatives for drug money; molesting a child in the living room during a family party; beating a child with a baseball bat – without leaving bruises. Yes, those were real calls to CPS – all taken as true by investigators. I don’ t care how absurd or unbelievable the caseworker sounds. Understand that SHE is serious, and likely presumes – no, likely “KNOWS” that you are guilty as accused. Even if she doesn’t flat out say that she’ s here to take the children, she is quite possibly intent on doing just that. In testimony to Congress, Chris Klicka, senior counsel for the Home School Legal Defense Association, stated that a case worker with 30 years’ experience once confided in him that “When I started working, we tried to prove the family was innocent. Now we assume they are guilty until they prove they are not.”
2) ASK WHAT THE ALLEGATIONS ARE.
The caseworker wants to keep you in the dark about what you’re accused of, despite being required by federal and state law to tell you details of the accusation at her first contact with you. Don’t settle for the answer of “abuse” or “neglect”. Those are categories, not details. You are entitled to know what specific acts you are accused of committing.
3) SHUT UP. SHUT UP NOW.
It’s imperative that you don’t submit yourself or your children to a CPS interrogation before talking to an experienced attorney. It’s natural that an innocent parent who’s done nothing wrong wants to explain everything so that a reasonable person can see there’s no problem here. But CPS agents are not reasonable. To them, the accusation is the evidence against you. That caseworker is there to find evidence to support what she already believes to be true – that you abused or neglected your child.
If you say nothing to the caseworker, you have taken away her greatest weapon, which is her ability to twist your words. Let me give you some examples of what was done to parents who did talk:
The father stood accused of sexually molesting their autistic, non-verbal daughter. The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing that came to mind was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes at bedtime. Usually, she would just go in by herself and go right to sleep. The investigator testified under oath that the mother admitted her child had become afraid of her own bedroom.
One father told the caseworker that he had disciplined his daughter over a 20 minute period, where he would talk to her about what she had done wrong, swat her a couple times, then talk some more. The investigator stated to the court that the father admitted to beating his child non-stop for 20 minutes.
4) FIND AN ATTORNEY WHO HAS EXPERIENCE FIGHTING CPS.
When? As soon as you realize your family has been targeted. The sooner an experienced attorney enters the picture, the sooner he or she can put a stop to abusive CPS tactics. Please note that I said experience in fighting CPS. Many attorneys believe their role is to find out what CPS wants and make sure their client does it. That way often leads to disaster – and the loss of your children.
5) BE POLITE.
Hostility toward the investigator is considered evidence of guilt. Your perfectly natural angry reaction to being accused of harming your child will be used as evidence of an abusive personality.
6) NEVER LET THEM IN YOUR HOME.
Under no circumstances should you let any government agent in your home unless he or she has a court order. Ask to see the warrant or order, because the CPS worker may lie and say she has one when she doesn’t. When she doesn’t have one, politely but firmly tell her that she will need to reschedule through your attorney. If she claims it’s an emergency, make her tell you what that emergency is. Call her bluff. If it were a true emergency, she would not be asking. She’d be there with armed police officers, forcing her way in.
Don’t even open the door to let her look at the children. No compromise on this. No exceptions. If you invite a caseworker into your home, you have at least partially waived your fourth amendment protection. And if the caseworker is intent on taking your children, she will find something in your home to justify it. That is a guarantee.
Understand that the investigator may threaten you. She may straight up lie to your face. She may tell you that the 4th amendment doesn’t apply to caseworkers. It does. She may tell you that she doesn’t need a court order. She does. She may tell you that she’ll return with armed police officers. And she very well may. But that changes nothing. Even a man with a gun on your porch doesn’t change the fact that the caseworker has no right to enter your home.
If officers do force their way in, do not physically resist. Make your objections clear, but stand aside. There’s no point in getting arrested, or risking injury or death. Your children need you fighting for them, and you can’t do that from a jail cell or hospital. Demand that you not be separated from your children, and that your children be interrogated only with your attorney present. (This demand will likely be ignored, but demand it anyway. The fact that they ignored you may become important in later court proceedings.)
7) RECORD EVERYTHING.
Demand that CPS tape any interrogation of your child. They are required by Texas law to do so. Bring your own recorder in case the CPS agent “forgot” hers.
Tape record every conversation you have with a CPS caseworker – but do it secretly. Nothing in my experience enrages a CPS worker – leading to rash action – faster than finding out she’s being recorded. So don’t tell her. In Texas, it’s perfectly legal to secretly record any conversation that you are a part of.
8) HAVE A DOCTOR EXAMINE YOUR CHILD.
If the accusation is one of physical abuse, have your doctor give your child a thorough physical exam. Ask him to write a letter stating that no bruises, marks, or health concerns were found on the child that would create suspicion of child abuse or neglect. Go to a doctor you trust. Never never never go to a doctor recommended by CPS.
9) GET FRIENDS AND FAMILY INVOLVED IN THE FIGHT.
Gather names of friends and relatives who are willing and able to care for your children if the caseworker snatches them. She is required by law to consider family or friends for placement before warehousing them in a foster care facility. She will often ignore that requirement if you let her. If your children must spend time away from you, it’s far better that they do so with people you know and trust than with strangers housing your child for a paycheck – or worse, looking for a taxpayer-funded adoption.
Also, get your friends, family, co-workers, pastor – anyone who has seen you parenting your child – to write letters on your behalf, stating what a good parent you are. The caseworker is required to take such information into consideration, and it’s much harder for her to snatch your child without cause when she knows a crowd is watching.
10) NEVER ADMIT GUILT.
Never, ever admit to wrongdoing. Even if CPS has taken your children and offers to give them back if you do. (They won’t.) it would be immoral to do so if you truly haven’t done anything wrong. And even if you did make a momentary mistake, admitting so may be a quick way to jail or to lose your kids forever.
A CPS agent is not above lying to you to prove you guilty of something, so don’t trust what she says. She won’t understand. She won’t give you a break. She will use anything you say against you, and even make stuff up if she feels the need. Don’t make it easy on her.