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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118286
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I wanted to know if CYFD can ask a child under the age of 14

Customer Question

Hello , yes I wanted to know if CYFD can ask a child under the age of 14 personal questions such as how many times does he have sex and how many times he masterbates a day when the case has to do with child abuse. My son is only 12 years old.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: yes New Mexico
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no just my rights for my child
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately and sadly this is actually a question we get quite often (a sad commentary on our society). Under the law, CYFD social workers can ask any child that they suspect is possibly being abused regrading sexual acts or conduct. They have a duty under law to investigate claims of child abuse and legally they do not need even a parent's permission to speak to a child about abuse regardless of the age of the child. So I am afraid that those questions are not unlawful for the case workers to ask in their investigations into suspected abuse.