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When Child Protective Services (CPS) initiates an investigation into your family, child interviews are a key part of the process. It’s important to understand that these interviews are standard procedure and do not automatically suggest how your case will proceed. As a parent, it’s crucial to be informed about how to approach these interviews and prepare your child for them. Knowing what to expect and how to navigate this part of the CPS process can help you ensure that your child’s rights and well-being are protected during the investigation.
The Importance of Not Coaching Your Child
One crucial aspect to understand is the importance of not coaching your child before their interview with CPS. Children cannot effectively conceal that they have been coached, and experienced interviewers can readily detect signs of coaching. Attempting to manipulate your child’s responses by coaching them can have adverse consequences for your case. CPS may view this behavior unfavorably, and it can further complicate the investigation.
To ensure a smooth interview process for your child, it’s best to provide general guidance rather than specific instructions. Encourage them to be truthful and share their thoughts and feelings openly. Let them know that they can rely on you for support throughout the process.
Interviewing Your Child at School
In some instances, CPS may opt to interview your child at their school rather than at your home. This can happen regardless of your presence. If you are at the school on the interview day, CPS still requires your explicit permission to speak with your child. However, if you are not present, CPS can proceed with the interview without your consent. It’s essential to understand that your consent must be unequivocal; vague responses or the absence of a clear “no” will not suffice.
Furthermore, CPS must notify you of the interview within 24 hours if it takes place, ensuring transparency in the process. This allows you to stay informed about the developments in your case and maintain open communication with your child.
CPS Examination of Your Child
The context of a CPS case can involve various types of examinations of your child, depending on the specific allegations and circumstances. It’s essential to grasp the procedures and your rights regarding these examinations.
CPS requires your permission for any examination, whether it is conducted within or outside your home. If you are present at the time of the examination, your consent is still necessary. However, if the examination is to take place outside your home, and you are not present, CPS can proceed without your consent. Your child’s consent is also a factor, as they can choose whether or not to allow the examination.
In cases where a judge has ordered that CPS be granted access to conduct an examination, no lack of consent from you or your child can prevent it from occurring. This typically happens after a judge has ruled to remove your child from your home and place them in temporary custody with a relative or a CPS group home facility.
CPS Requesting a Court Order
Refusing consent for interviews or examinations does not necessarily halt the process. CPS has the option to request a court order to compel these actions. If a judge determines that it is in the best interests of your child, they may issue an order for interviews or examinations. It’s crucial to understand that violating a court order can result in severe penalties, so compliance is essential.
Final Thoughts
Understanding CPS child interviews and examinations within the context of a CPS case is essential for navigating the process effectively. Being aware of your rights and responsibilities during this challenging time empowers you to make informed decisions that support the best interests of your family. If you have any questions or need guidance on CPS cases or family law matters, the Law Office of Bryan Fagan, PLLC is here to help. Contact us for a free consultation with our experienced family law attorneys to ensure you have the support you need.
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