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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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My daughter just recently had a sit down meeting with a CPS

Customer Question

My daughter just recently had a sit down meeting with a CPS worker on 4/5/13. Doesn't she still have the right to have a lawyer present when being questioned? I feel like a constitutional law is being broken. Also if my daughter has agreed to a psychological exam with the worker but it wasn't ordered by a judge can she retract that verbal agreement. Prior to this incident she was thinking of getting her own therapist. Does she still have that right?
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.

She certainly has the ability to have an attorney present with her when meeting with the CPS worker. However, she does not have a right to an attorney. You may have this confused with a criminal case. In a criminal case, a suspect has the right to have an attorney present when being questioned. There though, the person is facing potential incarceration. In the context of CPS questioning, the person is not facing incarceration and does not have the right to having an attorney present.

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Customer: replied 1 year ago.

I do understand what you mean a person in a criminal case a suspect has the right to an attorney because they are facing potential incarceration but isn't that the same thing that's going on if a CPS worker decides to take an issue in front of a judge, (is that a juvenile court judge?), and everything that is said by my daughter isn't that entered as fact. I guess I'm confused because even though she's not specifically looking at potential incarceration depending on what is said to a cps worker determines if my grandchild goes into incarceration. I guess I'm looking at it as her 5th and 14th amendment rights are being violated in the process of a so-called investigation (status report). Am I wrong in thinking this? Also, I'm still curious about the psychological exam and it not being ordered by a judge, can she retract that verbal agreement and get her own therapist (since that also wasn't ordered by a judge?

Expert:  Joseph replied 1 year ago.

Unfortunately, you are mistaken about the application of those rights, they simply do not apply in the context of a CPS investigation.

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As to the therapist, she does have the ability to retract the agreement she made. As you alluded to, she is only legally required to do what was ordered by a judge. If the therapist was not ordered by the judge, then she is not required to follow thru and may see a therapist of her choosing. Of course, this could change if the judge later enters a specific order.

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Customer: replied 1 year ago.

So there's no due process at all for a parent when dealing with this agency?


I should probably also add that the cps call was made by a 'aunt' that has been stalking and harrassing her for the past 2 years. It's just recently gotten worse because my daughter chose to cut all ties off with her last November 12'. This all includes 'parental interference' to the degree that my daughter had to call the cops on the 'aunt' because she wouldn't give the child back to my daughter after a overnight stay at the aunt's house. This same aunt went on the web and printed off so-called temporary custody paperwork and pawned it off as 'oh it's paperwork that allows me to take him to the doctor if necessary if your at work', which she turned around and is now trying to say it was temporary custody even though temporary custody has never been given to this aunt by a judge. So, my daughter has been trying to get away from this person that is bipolar and is on med's. Now CPS is trying to say that if my daughter doesn't adhere to a psychological eval than they are going to take my grandson and either put him in foster care or place him with this aunt who has a record on top of everything else which includes Assault 4th, failure to obey an officer and Theft. Is a CPS worker allowed to just put a child anywhere they want or does a judge make that decision? We are dealing with a vengeful person and it doesn't seem fair.

Expert:  Joseph replied 1 year ago.

No, due process applies to CPS cases as well. However, your question began by discussing a right to an attorney. As to that, there is no right to an attorney when being questioned by CPS. I feel we're getting a bit redundant on this particular issue as I've stated this several times. If there is something specific within this issue that you don't understand, please let me know.

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As to placement, CPS may need to place a child quickly and, in those situation, the placement might be done without the prior blessing of the court. However, where that occurs, the issue will be brought before the judge soon thereafter. Then, after being reviewed by the judge, the placement might be rejected by the judge, thereby requiring a different placement.

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We began this discussion about an hour and a half ago. It has grown late and I am signing off for the evening. Please feel free to respond, if necessary, and know that I will be back online tomorrow. I thank you in advance for your patience.

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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
Joseph and 12 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I will not take up anymore of your time, I appreciate the info you've given but I still feel that the tactics taken by the worker by demanding a psych eval falls under coersion and intimidation tactics especially since the worker didn't take the child but then again I guess there wasn't imminent danger to the child with probable cause to back up removing the child right away.

Expert:  Joseph replied 1 year ago.

So you know, I do not disagree with your assessment of "coercion and intimidation" by the CPS worker. Unfortunately, as we've discussed, there is no right to an attorney in this situation. My hope is that your daughter has learned some valuable lessons on the workings of the court system and will more fully protect herself in the future.

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Best of luck to you and your family.

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