Don’t Panic: What CPS Can and Cannot Do

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.

Nicole Thelin

Nicole is the founder and lead researcher of Low Income Relief. After a personal experience with poverty and homelessness following her husband's sudden medical discharge from the U.S. Army, Nicole discovered the life-changing impact of community resources. This experience ignited her passion for empowering others to navigate similar crises. Nicole launched her writing career at age 16, working for various newspapers and publications. Her commitment to in-depth research and accessible content has been recognized by Google for Publishers and other industry leaders. For over 20 years, she has applied her investigative skills to uncover the most helpful, up-to-date information on benefits programs and community resources, ensuring Low Income Relief maintains the most extensive resource databases available.