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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118237
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Can a Child Care Provider question my 12 year old child (as

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Can a Child Care Provider question my 12 year old child (as to him being spanked at home) based on statements made by another child (who has never been to my home and wrongly accused my son of attempting to hit him) and then utilize this information to spark a maltreatment inquiry with Family Advocacy and Child Services? Since they were originally questioning my son on the fighting (this gave him the impression he was in trouble) are not his responses to these maltreatment questions coercive and inadmissible? Also since their allegations are against his mother (my wife) am I compelled to provide any statement to authorities or Family Advocacy representatives?
I am sorry to hear you are going through this, but a child care provider is a mandatory reporter for any suspected abuse. As such, they are allowed to question the child without permission from or presence of the parent. Furthermore, child services can also interview the child without permission from or presence of the child as they have a legal duty to investigate all claims of potential abuse. You do NOT have to give any statements to child services, but any refusal to cooperate will be used by child services against you and they will claim you were uncooperative and can use this against you.

One thing you need to realize is child services is one of the most negligent, incompetent and abusive agencies you will ever deal with. They are also very powerful in their authority to protect children and investigate abuse and the courts will generally side with them in almost every case. Their social workers are known for lying and twisting statements and fabricating statements and evidence. Thus, in dealing with these people, it is always best NEVER to refuse to cooperate, but to never give any statements to them without being represented by an attorney and having the attorney present at any statements you make to them, which limits their ability to twist statements and outright lie. You should at this point get a local family law attorney who deals with child services issues to represent you and have them be present when the social workers question you, as you will have to cooperate if you do not want them to come in and simply make things up to take your child.

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