When CPS Comes Calling

If a social worker shows up at the door, it is important to view the situation seriously, no matter how ridiculous or unbelievable the inquiries may seem. It is quite natural for innocent parents with nothing to hide to open their doors freely to this intrusion, convinced that any reasonable person will see that the complaint is unfounded. But, the typical CPS worker is not reasonable, they assume that the accused is guilty. In the event of such a visit, the following guidelines, which are not meant to be legal advice, may help keep a family from being sucked into the destructive CPS system.

1. No matter how offensive the situation is, be polite. The caseworker does not know you, and a natural, angry reaction is generally viewed as proof of an abusive personality.

2. Do not allow the social worker or police officer to enter the home unless they have a warrant issued by a court. Politely but firmly insist that they stay outside. No matter what the caseworker may tell you, the Fourth Amendment protection against illegal search and seizure does apply to social workers and police officers alike, and warrants are only supposed to be issued if there is probable cause - anonymous tips don't qualify.

3. If parents do choose to let the social worker in the home, caselaw confirms that they have voluntarily waived their Fourth Amendment rights. And, a CPS agent on a mission may find a dirty sock on the floor, dishes in the sink, or some other "unacceptable" condition resulting in the removal of the children.

4. The social worker may have genuine concern over the welfare of the child, so it is important to reassure them that everything is fine. Allow the children to come to the window or screen door where the social worker can see them and be reassured. Klicka recommends that parents be willing to take their children to the family doctor to be examined and have the doctor submit a letter confirming that they are okay. Additionally, letters of reference from neighbors or other professionals that know the family can be sent to the caseworker as well.

5. If an interview is required, the parents, not the children, should arrange for the meeting to be held at the CPS agency, not the home. If possible, it may be helpful to have an attorney present.

6. Insist upon your constitutional rights. There is no reason a person should be required to submit to polygraphs or penile plethysmography.

7. In many cases this may be sufficient to resolve any problems. If the probing continues, it is vital to get an attorney who is familiar with the child abuse industry. The V.O.C.A.L. office in the area should be able to recommend lawyers with expertise in this area.

8. Contact a V.O.C.A.L. office (Victims of Child Abuse Laws). Contrary to CPS propoganda, this organization does not exist to shield child abusers. They do care about children and feel that they should be protected from abuse, both from their parents and from the system. V.O.C.A.L. can be a valuable resource.

9. Tape record all conversations with CPS. (Check your state laws to see if the other party is required to be notified). There is a very inexpensive device available for recording phone calls as well. This helps to prevent conversations from being twisted or taken out of context. It also gives the accused proof of any threats made by the caseworker.

10. An innocent party should never attempt a plea bargain, no matter how tempting it may seem. In CPS circles, a "no contest" plea equates to guilt. Also, the judges are not bound to any offers made by the caseworker or prosecuting attorney, and they will often insist on an evaluation by a court-appointed therapist. When the accused explains that he is innocent, the therapist may tell the court that the accused is unrepentant and in denial. Many have found a plea bargain a quick path to jail or loss of their children.

11. If charges are being pursued, it is important to hire an investigator to investigate the accused, the alleged victim, and the accuser.

12. If a child is examined for investigation of abuse, immediately take him or her to be reexamined by the physician known to the family.

13. If a child is forced to undergo a mental health evaluation, demand that the entire session be videotaped and that the tape be given to the accused. If possible, have an attorney or other advocate present during the evaluation.

14. Do not willingly surrender the children, move out of the home, or do anything that puts the family under CPS control.

Anyone falsely accused of child abuse should vigorously fight to defend their rights. At the same time, no one should live in a state of fear. Christians, in particular, should remember that God is not the author of fear, and "Greater is he that is in you than he that is in the world" (1 John 4:4b).

- from Out of Control by Brenda Scott.