It can be scary to be investigated for abuse or neglect of your children. Everything you say and do can be documented by CPS and used against you, so remember:
- You have the right to know why you are being investigated. You should ask what the allegations are (think of allegations as what they think you did, not as a crime), or why CPS is contacting you.
- You can tell CPS you want to talk to a lawyer before talking with them. But this doesn’t mean that CPS will go away or stop pushing you to talk to them without a lawyer.
Every state has an agency that is responsible for investigating child abuse and neglect by parents or caregivers. This agency has different names. In most states, it is called child protective services (CPS), but is also called the Department for Children & Family Services (DCFS), Administration for Children’s Services (ACS), or something else. The people who work for CPS are usually called caseworkers. Even though CPS claims to help families and children, we know that being investigated by CPS is almost always traumatizing and harmful to families. So even though we use the term CPS on our site because it is what most people know, we often call this the family policing system.
For more information on the history of the family policing system, visit Movement for Family Power.
Anyone can make a report to CPS. And reports are anonymous. Unfortunately, this means that even if someone calls CPS with fake allegations to harass someone, CPS still has to investigate the report. This can mean calling you or doing a home visit. This is why it is very important to ask why you are being investigated and what the allegations are.”
Everything you say and do can be documented by CPS and used against you, so be careful about what you say and share. If CPS comes to your home, they are required to show you ID and tell you the allegations against you. If they do not, you can ask about the allegations (think of allegations as what CPS thinks you did, not as a crime) before you give CPS any information. The CPS caseworker also has to share their name and title with you, but if they do not, you should ask for their full name, title, and phone number, so you can keep track of every conversation.
You do not have to speak to CPS. And you can tell CPS that you need to talk to your lawyer first. You also have the right to tell them that you do not want them to enter your home. But that does not mean the investigation will stop or the case will end. CPS might even decide to start a case against you in court if you don’t talk to them or let them into your home, so sometimes it can be better to allow them in, but share very little information. They may also contact other people in your and your children’s lives for more information. Everyone’s situation is different, and only you know what is best for you and your family.
If you talk to CPS, try to stay focused only on the allegations. You should not share unrelated information, like private medical information. If CPS asks questions that are not related to the allegations, you can say you do not feel comfortable talking about anything but the allegations. You do not need to share information about your immigration status with CPS. And you also have the right to speak to CPS in the language you prefer. It is better to ask for an interpreter than to answer in another language. You can also take notes during your conversation with CPS or have someone with you during your conversation.
If CPS asks you to sign any documents, you have the right to tell them that you want to speak with a lawyer first before signing any documents. You can ask CPS to leave a copy of the document with you or take a photo of the document.
Remember that everything you say to CPS is documented and can be used against you in court. That is why it is important to think about the information you share with CPS if you decide to speak with them.
You can tell CPS that you do not want them to talk to your child. But if your child(ren) is old enough to speak, CPS will probably try to talk to them alone. CPS may do this when they first come to your home, or they may go to your child(ren)’s school. You can also refuse, but CPS may decide to bring you to court so they can get an order from a judge that lets them talk to your child(ren) without your permission.
This means that CPS has decided to start an abuse or neglect case against you in court. Ask the caseworker when you need to be in court (day and time) and where the court is located. In almost every state, you have the right to a lawyer when you first appear in court. You can also hire a lawyer to represent you in the case. To find a lawyer, you can Google “family defense attorney in [insert your city/county].”
If CPS tells you that your children are going to be removed, or that you have to leave your home, you have the right to have your children stay with a trusted friend or family member. This can happen either before or during an investigation. Be sure to have that person’s full name, phone number, address, and birthday to share with CPS. Make sure to speak with that person in advance or connect them directly with the CPS caseworker so they make the arrangements as soon as possible.
CPS may not tell you about removing your children from home before it happens, but you still have the right to have your children stay with your family member or friend and you should give that information to the CPS worker as soon as possible.
Some states allow CPS to remove child(ren) without going to court first. But CPS must go to court as soon as possible to start an abuse or neglect case. Ask the caseworker when you need to be in court (day and time) and where the court is located. If you are not able to get in touch with the caseworker and do not know when court is, you should call your local family court, dependency court, or juvenile court and tell them that you want to know if there is a court case against you and if there is a court date.
In almost every state, you have the right to a lawyer when you first appear in court. You can hire a lawyer to represent you in the case, and to fine one, you can google “family defense attorney in [insert your city/county].” You can also contact your local public defender or legal aid office and ask them if they have lawyers who handle family defense cases.
Some organizations provide legal services and resources to families before and during an abuse or neglect case. You can find information about those organizations here.
Unless there is a court order from a judge, you do NOT have to do any services.. You also have the right to tell CPS that you want to find services on your own or through your own advocate or support system. But sometimes, doing the services CPS suggests, such as parenting classes, drug testing, mental health services, or others, can end the investigation sooner. And sometimes, refusing to do services can mean that CPS will go to court to start an abuse or neglect case against you or remove your children from your care.
If you choose to do services, CPS may ask you to sign a form that lets them talk to your service provider. You do not have to sign this form and you can decide what information to share with CPS. And remember, If CPS asks you to sign any documents, you have the right to tell them that you want to talk to a lawyer before signing anything, and ask CPS to leave a copy of the document with you.
You can call 844-868-2812 or contact us through our secure form if:
- You are worried about you or your baby testing positive at birth
- CPS is threatening that your baby will be removed from your care at birth
- CPS is pressuring you to make certain decisions about your medical care while pregnant
- CPS is investigating you because of a pregnancy loss or abortion,
If CPS filed a case against you in court, you should ask for a lawyer. If the court already gave you a lawyer, please call us with your lawyer and we can talk together about the support you need.
Complete our secure form to talk to a lawyer