Can DCFS take my child?

Can DCFS take my child?

The Department of Children and Family Services (DCFS) will remove a child from your custody if it is the only way to keep the child safe. Before taking the child from the home, DCFS must try other ways to keep your child safe, such as creating a safety plan.

What are my rights if CPS comes to my house?

CPS has absolutely no right to enter your home unless they have a warrant signed by a judge. The only way an investigator can come into your home without a warrant is if you invite them in. If the investigator show up with police and they believe there is an imminent threat, they have the right to enter your home.

Can CPS use your past against you?

Absolutely. Your entire case history can and most likely will be used against you. The more you endanger your children the more likely you are to lose them for good and everyone from case workers to the judge will look at your entire history with CPS.

What CPS consider abuse?

‘Child abuse or neglect’ means the physical injury or neglect, mental injury, sexual abuse, sexual exploitation, or maltreatment of a child under age 18 by a person under circumstances that indicate that the child’s health or welfare is harmed or threatened.

Should you let CPS in your house?

You should never let a CPS worker into your home until you are positive they have a court order or warrant. Letting the official into your home waives the protections afforded to you by the Fourth Amendment. Ask to see the physical copy of the warrant, as some CPS workers may lie about having one.

How often are child protection visits?

However no child subject to a Child Protection plan should be visited at home less than every 4 weeks, and usually the child should be seen more frequently by the Lead Social Worker than 4 weekly, unless it is part of a clear plan to reduce contact as a CP plan comes to ends.

How do you fight a false CPS report?

You can even have your attorney on speaker phone during the conversation with the caseworker. Your caseworker may have the right to inspect the home and speak with the child or children in question. Depending on your state, you may be able to take legal action against those who knowingly make false claims against you.

Is it illegal to make a false report to CPS?

The law provides civil and/or criminal liability for knowingly filing a false report. The reporter must have “willfully” or “intentionally” made a false report of child abuse or neglect to CPS. False reporting is usually classified as a low level misdemeanor, which is a crime.

What happens if my child lies to CPS?

If a child lies to CPS, they will destroy your family. Plain and simple. CPS has to take someone’s children regularly, or there is no reason for them to exist. The truth is not going to keep them employed, so why even waste time listening.