When Child Protective Services (CPS) comes knocking, it can be a terrifying experience even if you’ve done nothing wrong. Knowing your rights is essential to protecting your family.
As a mother, I’ve had firsthand experience dealing with CPS in multiple states and I’ve seen how easy it is to make mistakes in the heat of the moment. That’s why I’ve researched this topic extensively, consulted with legal and social work professionals, and compiled this guide to help you understand what CPS can and cannot do.
In this article, we’re going to review what CPS can and cannot do.
What CPS Can Do
Understanding exactly what CPS can and cannot do is important to protecting your family. After all, you need to understand your rights before you can stand up for them.
It’s normal and natural to feel defensive and shaken when CPS shows up at your door. After all, it means that someone has made a serious accusation about you or your child. However, you need to take a deep breath and think critically about what is happening.
Here’s what CPS can do:
- CPS can investigate all reports. They can investigate any report of potential child abuse or neglect, even if it seems unlikely or turns out to be false.
- CPS can show up unannounced. They may visit your home without prior notice as part of their investigation.
- CPS can add new concerns to the allegations. If they uncover new concerns during their investigation, those concerns can be added to the case even if they aren’t relevant to the original complaint.
- CPS can interview your child without your consent. They can talk to your child privately and ask detailed questions, even about topics that seem unrelated to the original report. They may photograph your child as part of their investigation.
- CPS can interview others. They can speak to teachers, family members, or anyone else that may have information about the case.
- CPS can use your statements. They can use anything you say as part of their investigation.
- CPS can collaborate with other agencies. They can work with law enforcement, medical providers and other organizations.
- CPS can demand that you follow a plan. They can create a Safety or Service Plan with steps that you need to take, such as attending parenting classes, undergoing drug testing, or seeking counseling. They can do this even without a court order. If you don’t comply, they can report your noncompliance to the court.
- CPS can remove children from your home. They can only do this if they have a court order or if the child is in imminent danger. Imminent danger includes the risk of physical harm, sexual abuse, neglect or other serious threats.
- CPS can ask the court to terminate your parental rights. This is a lengthy process and is usually considered as a last resort. It requires court involvement and can take 18 months or longer.
- CPS can offer financial assistance. They may have access to special assistance programs that can help you meet your immediate needs. For example, CPS once gave our family $500 toward an outrageous $3,364 power bill.
It’s important to understand that if a CPS investigation finds evidence supporting the allegations, it can have long-lasting consequences. This might include impacts on your future employment. I once knew a woman named B. H. Years before I met her, when she was much younger, she had a child removed from her care by CPS. By the time I met her, she had made many improvements to her life and she was raising two wonderful little girls. However, she was still unable to work at child care centers because her history with CPS showed up on her background check.
What CPS Cannot Do
The first time I was contacted by a caseworker, I had no idea what CPS could and couldn’t do. I just assumed that they had all the power and authority that they claimed to have but I was wrong. I have since learned some valuable lessons about how this works.
Here’s a quick list of what CPS cannot do:
- CPS cannot tell you who made the report. Reporters of suspected child abuse or neglect remain confidential, though they may be called as witnesses in court.
- CPS cannot force their way into your home without a warrant. You have the right to refuse entry unless they have a warrant or witness an imminent threat to your child.
- CPS cannot force you to take a drug test without a court order. If you refuse, they must obtain a court order to compel a drug test.
- CPS cannot offer legal advice or arrest you. They are not lawyers or law enforcement. However, they can contact police if they suspect criminal activity.
- CPS cannot make final custody decisions. They can petition the court to make changes, but ultimately the decision rests with the judge.
Please note that the specifics of some of these procedures may vary slightly by state. However, extensive research and consultations with legal aid professionals and social workers have shown that these limits generally apply nationwide.
What You Can Do About It
Now that you understand what CPS can and cannot do, you may be wondering what you can do about it. After all, the investigation can feel very overwhelming and it can be hard to know how to stand up for your rights.
It’s important to understand what your rights are as a parent. Here are some of your rights:
- Demand to know the specific accusations against you. You have the right to know what has been reported. Don’t be afraid to escalate to a supervisor if the caseworker won’t give you this information.
- Insist on interpreter if you are more comfortable in another language. Never let your child act as an interpreter for you. You have the right to refuse to let your child interpret for you.
- You have the right to refuse entry into your home. This prevents them from gathering evidence based on a quick glance that might be misinterpreted or used against you.
- You have the right to seek legal counsel. An attorney can protect your interests and guide you through the complex legal process. These legal aid agencies may be able to help you if you can’t afford one.
- You have the right to refuse to answer questions. You don’t have to justify your refusal. You can simply state “I’d like to consult my lawyer.”
- You have the right to pursue placement instead of removal. If your child is removed from your care, you can ask the court to place your child with a trusted family member or friend during the investigation.
- You have the right to attend all court hearings about your case. You can also bring your attorney. Your presence ensures your voice is heard in decisions affecting your family.
I know this is a difficult and overwhelming situation. It can feel like your family is in danger and it can be hard to think clearly when you’re under all that stress. I get it; I’ve been there. Just remember you are not alone. Knowledge is power. There are resources that can help you get through this difficult time.
Get Personalized Legal Advice
It is always best if you can speak to a lawyer about your unique case. If you would like to consult with an attorney, there are a few ways that you can get help.
- Free Legal Aid Clinics: We have a list of free legal aid organizations around the United States that may be able to help you.
- Free Legal Consultations: Many family law attorneys provide free 30 minute consultations. We used this method to get legal advice the last time that CPS showed up at our house. It was very effective!
- Ask a Lawyer Online: If you have a specific legal question, our sponsor JustAnswer may be able to help you get answers! You can ask their legal experts questions any time, day or night, for a very low cost.
Getting good, personalized legal advice can make all the difference when you’re dealing with a stressful CPS case. Whether they walk you through the process step-by-step or just clarify a few things you’re concerned about, a lawyer can be an invaluable asset.
FAQs about CPS
Interacting with Child Protective Services is a scary experience for many parents. I know this from personal experience, as I’ve had unfounded accusations made against me in three different states over the years.
Here are some questions that I’ve been asked about this process.
Why did CPS decide to investigate me?
CPS might decide to investigate if someone reports a concern about a child’s safety or well-being. This can come from teachers, neighbors, family members, or anyone else who thinks a child might be at risk of abuse or neglect. They’re required to look into it, even if the report might not seem likely at first. Their main goal is to make sure kids are safe.
How can I find out who reported me?
CPS keeps the identity of the person who reported the concern confidential to protect their privacy and encourage people to report without fear. Because of this, CPS typically won’t tell you who made the report. In some court cases, though, the reporter might be required to testify, which could reveal their identity. In my personal experience, I was able to determine who made the report just by analyzing the nature of the allegations and the date the complaint was made.
Relief Recap
This article has thoroughly explained what CPS can and cannot do. It also explores the rights that parents have and how they can enforce those rights. It’s important to consult with an attorney if possible while you navigate this difficult situation. Ultimately, parents can take comfort in the fact that the vast majority of reports (over 80%) are deemed unfounded.
tkbc@hotmail.com
I agree with you, they want to take people’s kids and judge you for everything, but they don’t want to work with you in less you have lawyers, because of some of the stuff I have seen herein the last few months. It’s very sad to split kids up and send them to places where they’re not very comfortable, and they don’t do their jobs at all. It’s sad, but the way hope and see if they have children or baby’s one day it happens to them
im working with cps …… they are adding bogus stuff …. for example : making a meal plan , watching me grocery shop, watching me clean my house , watching me wash dishes …. im not helpless…. i can do that stuff without someone watching every freaking move i make….. its getting on my last nerve… what really pisses me off is they have to watch my money( witch is none of their business ) but what really makes me mad is the one worker told me i cant do anything nice fmy dad’s birthday( october 20) because ” its not a nessceity in their eyes
better get a lawyer because they won’t leave you alone make sure when you talk to them tell them you are recording because you can do that but the best way texts and make sure you save them what I have notice ever think they say there not do they are doing so if you and the father are not fight together need to no these they have the dads backs before the mothers
Cps Can fo whatever they want. Atleast in Tennessee, they can. They kidnapped my grandchildren without a court order. They re evil, no doubt. The department , itself is inherently evil and is systemic. There is no fixing it. They need to be abolished, but down. What they do is criminal, traumatizing to the children and parents. Case workers are just a nasty group of people. I can’t beleive the are unaware of the damage they create. CPS, AS A WHOLE IS THE WORLDS LRGEST SND OLDEST HUMAN TRAFFICKING OPERTION. no doubt about it. Its been proven and written about extensively. But they are protected by the evil empire that runs this world. These are the people who are taking the children from human traffickers. Their power is supreme. They will crush you or your family if you speak out against it and are a whistle lower, so to speak. So I pray for all of us to be reunited with our kids. We can’t stop fighting for them, ever. Bless you all.
I agree with you 100% the took my babies for no reasons and they dropped my charges found out I really was innocent but still fighting to get two of my children back they only gave me back two of my children and the judge was even wondering the same thing why I only of have two of them back and I took good care of my children Im a nurse and i have an associate degree in Medical billing and coding just graduated and they claimed they dont think im cable of taking care of all 4 children just because someone has more than 1 child doesnt mean that they are not cable of taking care of their children. My children even told them that they want to come home to me that they are loved and cared for then cps puts my children in a foster home that abused them and but yet they want to judge us and how we raise our children I raise my children in a good way a positive way not neglect no abuse only love and care. just not right all they know how to do is tear family aparts and ruin their family for no reason I can understand if i was abusive and neglect and hurt my children but I did none of those things to my children. my children are my world my babies who i love i miss my other two children please pray i get them back soon not only that but it was court order that i see my other two children once a week on zoom for 1hour and I only got one zoom visit for 10 minutes and not seen them or talked to them since May 5 2025
This is all BS. My granddaughter has been in CPS custody for 22 months. I have complied with their EVERY DEMAND. I became a licensed foster parent, even though it took CPS 10 months to get me in the program and they told me ALL ALONG i would get placement of my granddaughter upon receiving said license, 10 days after receipt, i was told my case would go to a selection committee as the foster parents my granddaughter was placed with wanted to adopt her. The selection committee of course selected the foster parents who ALREADY have 3 adopted daughters. The father of my granddaughter is being completely messed with in his attempts to get placement. I am disabled and live on 15 thousand a year so i can’t afford an attorney so these people can limit my visitation, and prevent me from getting placement. I have taken parenting classes, TBRI classes, and MORE, and STILL NO END IN SIGHT. I have wrote the judge a personal letter which he didn’t read. Contacted the ombudsman, (what a joke). I would NEVER do anything stupid but i can literally understand frustrated individuals SNAPPING, and doing something completely against what they would normally NOT DO and there is NO HELP FOR YOU if CPS is involved unless you have a LOT OF MONEY! GOOD LUCK!!!!!
they called cps yet im getting seen more then my obyg it says random pop ups an tests not must test every week 2x a week if im be clean from smokking weed over night my 9yr lawyered up shut it dwn at the school house stays clean i dn got no record my daughter always dressed even if we just at home cps here more then anything 1 day i told her i wasnt feeling well she yells out my drug test out loud at my door next door heard wow thank u i feel protected i didnt need no services from the assement he didnt see any concerns to proceed noting well to my surprise her she comes with now cousling or shell take my child i never have denied anything from day 1 iv complied she has tried to get my ex and my family i am addicted to meth like wth nope it not me if i say i didn’t believe it cause if i did im say i did and why . so she mad because i got laced no lie i should have been smart just dn do weed she digging to my financial like if im asking for help with them idk i dnn feel like they are worried about the kids more like why what we doing on are spare time and why im not on parole
my husband tested pos they give me a hair test and urine test came back neg ,. they still took my kid . they told me if mine test were neg i get my kid back . now they want me take another test told me may have drink to much water . this cannot be right
80% deemed unfounded. I don’t know if “relief” is the word I’d use to describe potentially having to REPEATEDLY have these people breathing down your familys necks grasping for straws to justify them taking your babies away for over a month at a time straight best case scenario when they don’t open up a case because they got mad you know your rights and wouldn’t let them speak to you without witnesses, unrecorded, without legal representation present, and just whenever the heck they demand and then to go through your house with no warrant to tell you 100% BS things are issues like having even a crib sheet on the mattress in your babies crib. Are you s****ing me? And god forbid you yourself and siblings were in foster care, got separated and horrible things happened to either of you to give you a real good VIVID idea the second you see that badge just how bad of a place your precious children could wind up in. Yeah. Relief might be a tad poor choice of words there.
Can a CPSW cancel a parents visits, due to giving dirty drug test? In NH? Example. during all visits, they have a good report,don’t appear to be under the influence of drugs/alcohol, but the CPSW feels like its necessary to be rude,and misuse their power, and take 2 out of 3 visits a way that parent has a week. I was told if they choose to do something like that, they’d have to all go in front of the judge,and have that judge sign off on taking viits away. thank you
@SWPJ, The problem as I see it is the fact that 95% of your cases are nothing, your words. If you think having the government meddling into your families personal affairs and having the claims be unfounded, or completely false then you need to be honest with yourself. Ask yourself what the f^€¥ am I doing disrupting a family based on some stupid allegations from one of your “mandated reporters” who should mind their own business 95% of the time. And don’t give me that, what about the other 5% because those cases should be easy to spot.
This is the biggest problem we are facing with families today when the government buys their noses into peoples home and family life. Kids don’t respect their parents anymore because ultimately the parents aren’t in charge, the government is. Kids get away with murder at home and parents are reluctant to discipline their kids for fears that they will be reported. All it takes is for one of the spoiled kids to not get a toy the one time mom goes to the store and a Cps case is opened up for child neglect. Kids these days are entitled and mire narcissistic than ever before and I blame the govt. for creating organizations like yours to disrupt families and tear them apart just because you can. You say there are bad case workers who make the wrong decisions and compare that acrosss the boards which she’s you sound like a simple minded sociopath. There are no room for f#%£ ups when your talking about removing kids and ruining lives. That’s accept 100% of the time, and shame on you for making that unsympathetically ai type of response. It’s people like you who don’t have kids that have no business investigating families. You and the rest of these so called professionals need to back tf off.
Leave 95% of the families you mess with alone and investigate real s$&+.
@Stitch, I agree ????.
@Stitch, it’s crazy. They are in my life over a kid that’s not even mine that and won’t help his mom do what she needs to but threatens to take my child away along with my nephew. They found one thing wrong and I’m fixing the problem but not fast enough. The worker used her power and my kids don’t even need anything. I wouldn’t wish this on my worst enemy because they use their power to do what they want and lie and when I said I wanted a lawyer told me they would take the kids. I cracked under pressure and told them I would comply but I wanna take it to a judge cause this is not serious enough for them to be here more less traumatize my child. So far can’t even find a lawyer. I’m having the hardest time to get counsel
@Stitch, 100%agree tear down cps or dhr they are bully kidnapers in america wow are we in natzi germany under hitlers rule or in the usa? Their success rate is about 10% wile 90% precent of youths who have the m inter ltheir life by adulthood are in jail drug addicted or dead or all 3 and us judges are supporting this its an outrage i no the dammage done to my family.please we the people should demand they be shutdown immediately they are destroying citizens familys and the youth of america lets not stand for it any more.shut down the bully kidnapers im starting at my local federal courthouse i want an injunction on the cps or dhr that makes a revision immediately!
was wondering if a CPS in iowa can go to a diffrent state and retrieve a child
In some cases, they can work with CPS in another state. It depends on the circumstances.