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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118223
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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What to do when cps has interviewed your children without

Customer Question

What to do when cps has interviewed your children without your knowledge or consent. What should I do and what happens next?
JA: Family law varies by state. What state are you in?
Customer: Indiana
JA: Have you talked to a lawyer yet?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 10 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 10 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.
This is a frequently asked question from many parents coming to this site. The issue is CPS does not legally need to have the consent of a parent or guardian to interview a child in any reported or suspected child abuse case. In fact, law enforcement as well does not need permission of a parent to interview a minor about any criminal offense either as a perpetrator or a witness. Legally, this is an exemption to the general rule about parental consent for minors.
If CPS interviewed the children and has proceeded to continue their case and investigate, you need to get a local attorney to represent you as a parent in all interactions with the CPS social workers, because they are known for being grossly incompetent and negligent and they tend to misinterpret or misrepresent statements and evidence to achieve the outcome the social worker wants in a case regardless of the facts or truth. So having a local attorney involved with you will prevent them from ignoring your rights in dealing with your children, which the court has held to be a civil right that they cannot interfere with unless they prove you to be unfit by clear and convincing evidence. See: Troxel v. Granville, 530 U.S. 57 (2000).
However, you will have to cooperate with CPS in their investigation, even with having an attorney and their social workers can speak to the children without your consent or permission or without you being present and there is no law that prevents that.
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