Wondering about the role of Child Protective Services (CPS) and their potential interactions with your child at school? If you’re facing a CPS investigation for the first time, you might be concerned about whether CPS can talk to your child during school hours. It’s completely understandable to have questions about how CPS functions and the extent of their involvement in your child’s daily life. Let’s clarify what you can expect and how CPS’s procedures might impact your child at school.
CPS may speak with your child during their investigation. They do this to gather relevant information if necessary. This can happen at school if CPS deems it appropriate and within their jurisdiction. Understanding the scope of CPS involvement can help you prepare and navigate this challenging situation with greater clarity.
The answer to that question is that, yes, CPS will most likely speak to your child during the investigation into whether or not your child has been the victim of abuse or neglect. CPS has the right to interview any child who has been the reported victim of abuse or neglect. The interview may take at any location or time that is reasonable. This includes your home or your child’s school or daycare.
There are some specific areas of subject matter that the CPS investigator will be most interested in. Those would include whether or not the alleged incident(s) of abuse or neglect occurred, what happened during those incidents, and whether your child feels safe living with you. Finally, their opinion as to whether or not abuse or neglect will occur again in the future will be asked.
What will happen if CPS attempts to interview your child in your home?
CPS may want to interview your child in a place where he or she is comfortable. Your house would be a logical setting with this goal in mind. However, to interview your child at home, an investigator must seek your permission to do so. Nobody with CPS should force you to give your permission. Remember that anyone caring for your child- like a relative or babysitter- can permit CPS for an interview of your child to take place in your home.
If you grant permission and CPS initiates an interview with your child in your home, they will likely not allow you in the same room. The reason for this is that CPS does not want you to distract or otherwise influence the responses that your child gives to the questions of the CPS investigator.
Therefore, you might feel tempted to coach your child to give specific responses to anticipated questions. Pressuring a child to answer in a certain way is a bad idea on many levels. For one, it will make you look terrible in the eyes of the CPS investigator. Lying or being deceitful during the investigation can harm you if your case goes to court. Additionally, your child may struggle to differentiate between the truth and what you want them to say, depending on their age. The result will likely be your child struggling to give any kind of coherent answer.
Interviewing your child at school
Other than in your home, the next most likely place for an interview to occur would be at your child’s school. The rules associated with interviewing your child at school versus in your home are a bit different. First of all, if you are at school when CPS wants to interview your child, you must permit them to do so. However, if you are not at the school, CPS is free to interview your child without your permission. From my experience, if you do not permit CPS to interview your child at home, then they may seek to do so “behind your back” while your child is at school.
If CPS does interview your child without your knowledge while he or she is in school, they must notify you of their having done so within 24 hours of conducting the interview. An interpreter must be provided to your child if he or she has communication problems in English. Hearing, speech, or cognitive issues may also limit your child’s ability to communicate effectively with CPS. The agency needs to assist your child as needed.
How an examination of your child could work
Depending upon the type of allegations made against you about your child, CPS can request a range of different examinations. Physical, sexual abuse, or medical examinations are the most commonly encountered. If you are present when the CPS employee wants to conduct an examination, they must ask for your permission. If a court has ordered the exam, then your permission is not necessary. Once your child is removed from your home, CPS does not need your permission to conduct any exams on them.
Keep in mind that CPS can always ask a court for an order. This order grants them the authority to examine your child even if you decline to permit them to do so. The court is likely to grant the request if CPS presents even a small amount of evidence of its necessity. Once a court order is in place, you need to abide by it. Attempting to prevent your child from undergoing an exam after receiving a court order may backfire and could lead to you being found in contempt of court.
What occurs during a physical exam as conducted by CPS?
If your child is reported as a victim of abuse or neglect, CPS will likely conduct a visual exam. They can also examine other children in the household, even if they were not mentioned in the report. CPS will look for physical injuries, signs of malnutrition, poor hygiene, or other indicators of abuse or neglect.
What occurs during a sexual abuse exam as conducted by CPS?
If your child has experienced sexual abuse or severe physical trauma, they will likely be taken to a special child advocacy center for an interview. Photographs of any injuries may be taken, and tests administered to determine if sexual abuse has occurred.
These exams are only conducted under specific circumstances. CPS would need your consent, a court order allowing the exam, or temporary conservatorship of your child for a sexual abuse exam. Additionally, your caseworker or investigator will not conduct the exam; a doctor or nurse will be brought in for this purpose.
What occurs during a medical exam as conducted by CPS?
A medical exam may be requested by the CPS employee that you are working with within your investigation. If the report that came into CPS details some sort of allegation that your child has suffered injuries that are not readily apparent with a typical visual inspection, a medical exam may be necessary. Also, CPS may want a doctor’s opinion about a condition that may have caused an injury to your child. If you consent to the exam in writing or attend the exam, then it can proceed.
What goes on in a home inspection during a CPS case?
CPS can stop by your home to inspect at any time (within reason). They do not need to provide you with any notice of their intent to do so. When the CPS worker comes to your door, he or she must identify themselves and tell you who he or she is. Your permission to enter the home must be obtained, or inspection cannot occur- at least on that day. Be aware that even if CPS arrives with a police officer or constable, they cannot enter your home without your permission or a warrant to do so. Police officers attend these sorts of inspections if your caseworker believes their safety to be at risk.
Your spouse, a relative living with you, an older child, or even a babysitter can allow CPS to enter your home if you’re not present. If CPS has tried to enter for an inspection and you don’t want to give consent, you must alert everyone else in the house. Instruct them not to let CPS in. You may find that an inspection has occurred without your knowledge or consent if you fail to do so.
What happens if you say “yes” to allowing CPS to inspect your home?
The investigator would appreciate being granted access to your home. These professionals often encounter resistance from individuals who refuse them entry regularly. This could potentially lead to the need for obtaining a court order for access. Some might argue that CPS caseworkers prefer immediate access upon their initial request. However, prioritizing their satisfaction isn’t your obligation and may not benefit you. It’s crucial to recognize that any safety issues found in your home could increase the chances of your child being removed from your care.
What happens if you say “no” to allowing CPS to inspect your home?
A response of “no” to the question of whether or not CPS has permission to enter your home to conduct an inspection could cause the CPS caseworker to form a negative opinion of you. You may be viewed as a “difficult” person, which could affect how the investigation proceeds. Again, your job is not to be your investigator’s best friend or to be the most pleasant person in the world. Your job is to do what is best for your child and yourself. That could mean not granting access to your home at the first opportunity.
Again, CPS can ask a judge to permit them to enter your home. If the situation calls for it, the CPS investigator can enter your home without your consent if he or she perceives your child to be in a dangerous situation. Exigent circumstances are what a police officer would call them. If there isn’t enough time to obtain a court order, CPS may seek immediate entrance. Removal of your child is all that CPS can do under these circumstances.
Unless the CPS report alleges severe circumstances leaving no alternative, they probably won’t enter your home without permission. You need to be aware of what your house contains before allowing permission to enter. Even minor issues like dirty laundry piles or ants on old food can prompt CPS to remove your child.
Conclusion
It’s understandable to be concerned about CPS potentially talking to your child at school. Knowing the answer to the question, “Can CPS talk to my child at school?” is essential for easing your worries and preparing appropriately. Understanding the boundaries of CPS authority helps you anticipate how they might interact with your child. It allows you to navigate the process more effectively. Being informed about CPS procedures ensures you can take proactive steps to protect your child and support your family through this process.
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Law Office of Bryan Fagan, PLLC | Houston, Texas CPS Defense Lawyers
The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding CPS, it’s important to speak with one of our Houston, TX CPS defense Lawyers right away to protect your rights.
Our CPS defense lawyers in Houston TX are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact the Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form.
Bryan Fagan, a native of Atascocita, Texas, is a dedicated family law attorney inspired by John Grisham’s “The Pelican Brief.” He is the first lawyer in his family, which includes two adopted brothers. Bryan’s commitment to family is personal and professional; he cared for his grandmother with Alzheimer’s while completing his degree and attended the South Texas College of Law at night.
Married with three children, Bryan’s personal experiences enrich his understanding of family dynamics, which is central to his legal practice. He specializes in family law, offering innovative and efficient legal services. A certified member of the College of the State Bar of Texas, Bryan is part of an elite group of legal professionals committed to ongoing education and high-level expertise.
His legal practice covers divorce, custody disputes, property disputes, adoption, paternity, and mediation. Bryan is also experienced in drafting marital property agreements. He leads a team dedicated to complex family law cases and protecting families from false CPS allegations.
Based in Houston, Bryan is active in the Houston Family Law Sector of the Houston Bar Association and various family law groups in Texas. His deep understanding of family values and his professional dedication make him a compassionate advocate for families navigating Texas family law.
