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Hi, it is generally tough to know what specific questions CPS may ask, but what they tend to do is ask things such as what a typical day may be spent with you, or if the child was ever asked to not discuss certain things with the other parent, especially if the things are painful or confusing. CPS tries to focus on questions that would make sense to a 5 year old, but ask them in such a manner where they try to not lead the child to one answer (or at least the good CPS agents do not). As far as abuse, it depends on what exactly you are accused of. If accused of physical abuse, they can ask about how the child was injured if at all, and if the child has gone to the hospital, or if the child ever wore a cast. Then if they obtain information, they can then try to pry further and try to understand why the child may have gone. A 'tummy ache' is usually a non-issue, but if the child kept falling down the steps, or falling off swings, or was told to not say are all typically red flags. Again, I do not know about your case specifically, I am focusing on general questions.
They may take this into consideration but to be honest I do not know what your child may say. If she is autistic that makes it a bit more difficult to predict especially if they are not potentially taking that into consideration. I would seriously urge you to consider obtaining counsel immediately because if you are not with an attorney when you deal with CPS, you are at a serious disadvantage, even if you have nothing to hide. Even other attorneys hire attorneys to represent them with this agency because there is a well-known reputation of being either utterly lackadaisical, or potentially over-zealous in finding issues where none may actually exist.
Then what your attorney has done is a good step. She should also attempt to request to be informed of the interview, and other than hiring a G.A.L. (guardian ad litem) directly for the child, you have done what you needed up to this point. Now, if you want new counsel, you may want to consider browsing the listings at www.avvo.com and www.martindale.com for competent counsel. There you can obtain past reviews by other clients as well as peer driven evaluations so that you can make the best decision for yourself going forward.
Well, as far as having more rights as a mother, that is false. Both parents are supposed to be treated equally by the courts. But as far as behavior issues, that is apples and oranges. CPS looks to abuse, not to behavioral issues, as a child may be autistic and cared for, or autistic and abused, or healthy and likewise abused. They will focus on the abuse, and potentially neglect if they believe she isn't getting the proper help.
To play the 'devil's advocate' role, CPS will focus on when the complaint was made--and the argument that can be used is if he was just made aware of the abuse, he made it then. Arguing that it wasn't made before is a poor argument and won't work--showing lack of abuse is more prudent. Plus, if you prevail, then you can file suit for defamation of character if you wish, but that is not something that CPS will focus on at this point.
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CPS is not supposed to send their findings until they finish their investigation. Until they do, your attorney (or his) can demand to see it, but are not automatically entitled to see it.
Failing to report may create a basis for neglect against that parent, but it does not somehow invalidate those instances of abuse, if they really happened. Again, not a defense of the ex, but focusing on that is not prudent.