Do You Know Your Rights in a CPS Investigation? (Pt 1)

November 7, 2018 Abuse and Neglect Attorney
Right or wrong choice?
There’s what’s right, and then there are your rights. Both are important to know!

Many people are familiar with their rights when they get arrested for alleged criminal activity. They know they have the right to remain silent despite police questioning, and the right to an attorney. After all, just about everyone has seen a movie where someone gets arrested and read their Miranda rights.

But did you know, you have other rights guaranteed by the constitution that come into play when you’re investigated by CPS. For example, as a parent, you have a constitutional right to the care, custody, and control of your own child. The truth is, we simply can’t tell you often enough how important it is that you know your rights! So here’s a basic breakdown for you. (Because knowledge is power!)

You have the right to NOT let them into your house!

Many CPS workers will show up on your doorstep, either using the friendly “we’re just here for a chat, nothing more” approach, or the bullying “I am God and you can’t stop me” approach. Either way, they want to get into your home, and see what it looks like inside. Is it clean enough? Is it organized and neat? Is there anything lying around that could be used as evidence against you? (You’d be surprised at what counts as evidence against you!

Either way, CPS workers aren’t going to tell you that you don’t have to let them in. They’re going to make it sound like you don’t have a choice. BUT YOU DO! You have the right to not let a CPS worker into your home, unless they happen to arrive with a police officer AND that officer has a search warrant giving them legal access to your home. Don’t be fooled! Keep your door closed and keep that CPS worker standing on your front porch! Politely, of course!

You have the right to NOT answer their questions!

Another thing CPS workers love to do is talk to you. And they use the same tactics as when they’re trying to get into your home – sometimes it’s disguised as a “friendly chat”, and sometimes it’s made to sound like an order – “you have to come to my office to discuss this and that.”

But in either case, you don’t have to. You aren’t required to let them in to talk, and you don’t have to ‘go down to their office’ to discuss anything with them. If a CPS worker calls you, or shows up at your front door claiming they need to talk to you about your children, all you need to do is hand them a piece of paper with our firm’s name and number on it, and tell them they’re free to direct all questions through your attorney. Then give us a call immediately and let us know what’s going on and we can help you sort this out!

Dealing with CPS is scary, but you don’t have to do it alone!

Join us next time, for more information on what your rights are, and how to exercise them during any interaction with a CPS worker. Until then, if CPS reaches out to you in any way – with a letter, a phone call, or an unannounced visit to your home, call our skilled and experienced child abuse and neglect defense attorneys immediately at 866 766 5245.

Here at The Kronzek Firm, we’ve spend decades helping parents and families all over Michigan battle CPS. We know ALL of their tactics, have heard all of their lies, and have helped countless people fight back. We know what the stakes are (we’re all parents ourselves!) and we know how to take this all the way to the end. So don’t wait. Call now and make sure your family has the protection they deserve!