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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
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Experience:  Attorney experienced in all aspects of family law
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Can Child Protective Services talk to a minor child without

Resolved Question:

Can Child Protective Services talk to a minor child without a guardian or parent being present?
Submitted: 4 years ago.
Category: Family Law
Expert:  Brandon M. replied 4 years ago.
Hello there:

yes, they may, but the parent or guardian has a right to refuse when they are present and the child has the right to refuse speaking with them. For this reason, CPS will often speak with the children at their school.
Customer: replied 4 years ago.
This is in regards XXXXX XXXXX of my friends and that is exactly what happened today. CPS went to her daughters school to talk to her and her mother is upset with the school and CPS. Does the mother have the right to know and see the report on what the case worker talked with the child about? And if so, how could she go about getting that information? CPS is actually going to their house today to inspect the home and the interview all the adults whom live in it. The house is extremly unsuitable for an adult to live let along a child of her age. And the drug use and selling of drugs is also an issue. The home has been raided 7 times in the past two years. It really is a horrible and filthy place to be in and the mother admits that. Can CPS take her daughter as early as tonight after the home inspection? Thank you for your assistance in this matter.
Expert:  Brandon M. replied 4 years ago.
The mother does not have a right to know what was discussed. However, if she is being investigated (this is almost certainly the case if they talked to the daughter at school instead of at home) she will be interviewed and the questions will almost certainly reveal what the concerns are.

If the home is unfit, CPS will get law enforcement involved and they will remove the child. It will happen in very short order... probably 24 hours if it is an emergency. Your friend does not have to permit inspection of the home and, if it is as bad as you say, she should respectfully XXXXX XXXXX there is a warrant.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12235
Experience: Attorney experienced in all aspects of family law
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