If CPS gets a report of alleged abuse and neglect in your home, they may contact you to investigate. I often get asked by prospective clients if it is wise to cooperate with CPS if they ask to talk to you, come into your home, see your child, or talk to your child.
It is 100% true that you do not have to cooperate with CPS in the same way that you don’t let have to let a police officer into your home if the officer lacks a warrant. In criminal court, the state has to prove charges against you beyond a reasonable doubt and you have the right to remain silent.
However, CPS is different than the police in that not cooperating may be seen by a judge later as a sign of hiding drug use or other illegal activity if the case ends up in court. CPS is not trying to charge you criminally, but seeking to protect children from abuse and neglect, so the legal standards are different.
An experienced attorney can assist you in interacting with CPS in a productive manner, separating fact from fiction, telling your story in the most positive light, and helping you get CPS out of your family’s life in a quicker and less painful manner.
