Child Protective Services has broad discretion in investigating a situation which they believe places children in danger. CPS can get involved and ask the children questions, and they can enter someone's house to do an investigation to ensure that the children are safe.
What state are you located in? I can provide you with some of the guidelines that CPS must follow in your particular state if you let me know where you are located.
Unfortunately, I haven't been able to access Florida's administrative code online. Although I can look up the relevant chapter of code, (65C), the links will not take me to the text of the statute. Generally, however, child protective services has very broad discretion in its investigations, and as long as there is a basis for the investigation, (the boyfriend's conduct here), child protective services will be able to conduct an ongoing investigation to ensure that the children are safe. If the children are safe from danger, then it's most likely that CPS will conduct its investigation, find that the children are safe, and close the investigation. You may want to just cooperate with CPS and get the investigation moving forward.
If you feel that CPS is acting inappropriately, I would recommend contacting an attorney who practices in administrative law. He or she will be able to help you pursue remedies available to you under Florida's administrative code. If you are living on a low income and cannot afford, an attorney, please visit this website: www.ptla.org/links/services.htm. This site provides links to organizations which provide free or low cost legal services to those in need.
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