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originallawyer, Family Law Attorney
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Experience:  5+ years of experience in divorce, custody battles and mediation.
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Therapist reported me to CPS

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My son's therapist was alone in the room with my son while my son was having a tantrum. I opened the door to check on them and he had knocked over a bookcase, broken glass, and pulled bedding off bed. She was doing nothing to stop him. I restrained him and yelled at him above his screaming to stop and that he could not behave like this or he would live somewhere else. The therapist reported me to CPS for emotional abuse. What can I expect? What will CPS try to do? Will they try to interview my kids or neighbors?  My son has Asperger's, Tourettes, OCD, and anxiety.  He often screams for minor upsets - so neighbors hear a lot of screaming.  I read that if a CPS worker comes over, I don't have to let them in if they do not have a cop with them and I do not have to give them referral info or answer their questions. Is that true?
Submitted: 11 months ago via Cornell Legal Info Institute.
Category: Family Law
Expert:  originallawyer replied 11 months ago.
CPS will investigate the situation, and interview you and also interview at the very least your child that this situation revolved around. Likely they will also interview any other children in the home.

They might implement a plan requiring you to take parenting classes (even if you don't need them they're fond of requiring them to close out the case), or depending on what the children say, and how the interview goes with you, they could drop the whole matter completely.

It really, unfortunately, depends on the caseworker and how they handle investigations. The natural and understandable inclination for the parent is to be defensive because someone is criticizing the way you raise your child. But the best reaction will be to cooperate as much as you feel you can so that this can be over and done with.

If the situation is exactly as you say it occurred, then likely the therapist overreacted out of an abundance of caution and made the call. But again, a lot will depend on if CPS thinks you're not cooperating with them. Some caseworkers can wield the power they have a little too freely, while others take their job seriously, investigate the claim and move on if there's nothing to be found.
Customer: replied 11 months ago.

Is it wise to let them in the house or not give the referrals, as is my right - or will this seem like I am uncooperative?

Expert:  originallawyer replied 11 months ago.
Honestly, it's going to make it look like you have something to hide if you don't let them in or appear like you're not cooperating by not allowing them to speak with the child or children. I completely understand your reaction because CPS can be so disruptive and invasive.

However, reacting to the invasive behavior by appearing to not cooperate only makes them invade more, and they'll go get a court order to interview the children and then the mess just gets bigger.
Customer: replied 11 months ago.

Thanks, XXXXX XXXXX with them interviewing my child is that he has Asperger's and will misinterpret questions, get confused, or give inappropriate answers because if his poor communication. Will it look defensive if I ask to be present or have someone present during the interview? to help him understand the questions?

Expert:  originallawyer replied 11 months ago.
Not at all, I think that's a valid concern that he understand the questions being asked of him. During the visit, you can alert the case worker to the fact that he has Aspergers and that you would either like to be present or have another neutral adult present to help him understand. They're probably not going to let you be in the room, honestly, in fact I'm almost sure they won't, but they might allow another person in the room with him that understands the issues with communicating with a child with Aspergers. Or it is possible that you might get a caseworker who is familiar with the syndrome themselves. It definitely isn't defensive to bring it up.
originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 356
Experience: 5+ years of experience in divorce, custody battles and mediation.
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