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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 17223
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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cps wants to interview my child alone. can they do this or

Customer Question

cps wants to interview my child alone. can they do this? or can i be present
Submitted: 7 years ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 7 years ago.
CPS IS LEGALLY ALLOWED TO INTERVIEW A CHILD WITHOUT A PARENT, HOWEVER WITHOUT A COURT ORDER ORDERING THE PARENTS TO ALLOW FOR THE INVESTIGATION A PARENT IS ALLOWED TO ASK THAT EITHER COUNSEL FOR THE ATTORNEY PRESENT AND THEMSELVES.

BE AWARE, THAT IF THE INVESTIGATION INVOLVES ALLEGED ACTION BY THE PARENTS, IT WOULD BE BEST TO REQUEST AN ATTORNEY PRESENT FOR THE CHILD
Customer: replied 7 years ago.

what happened to get cps involved is that my child is a 5yr old girl she was visting at sisters house. my sister happened to see my little girl & her 3yr old son off in a corner with his pants down. we didn't think to much about it. just figured he was peeing in the yard & that she was helping him pull up his pants. the next day my sister went to my mothers work for something. she is a counselor, well her son started saying that my daughter bit his tee tee the day before. at this point another counselor happened to over hear him & said she had to turn it in by law. well cps called & setup a meeting to interview my child alone & then her child alone. we didnt know if they could interview them by themselves being that they are so young. and if we cant be present in the room can we request a neutral person to be in the room during the interview?

Expert:  WALLSTREETFIGHTER replied 7 years ago.
You are under no obligation to let that person into your house. Under the basic law of our land, the United States Constitution, Amendment Four, you have the right to privacy in your home. No government agent of any type is allowed to enter your home without your permission. LET THEM EXPLAIN TO A JUDGE THAT THEY NEED A SEARCH WARRANT AND A COURT ORDER TO SPEAK TO THESE CHILDREN FOR SUCH NONSENSICAL ALLEGATION

I SUGGEST YOU DO NOT LET ANYONE TALK TO THEM, DUE TO THEIR AGE, CPS INTERVIEWS ARE FOR INFORMATION PURPOSES ONLY, IF YOU WANT, ADVISE THEM YOU WILL BE PRESENT ALSO WILL BE RECORDING THE CONVERSATION.
Customer: replied 7 years ago.
what if the appointment is at their office?
Expert:  WALLSTREETFIGHTER replied 7 years ago.
CALL THEM AND ADVISE THEM YOU WILL ONLY TAKE THE CHILD IF YOU ARE ALLOWED TO TAPE AND BE THEIR IF NOT, TELL THEM YOU WANT A COURT ORDER