What Are Some Parents' Right Against CPS?


Quick Answer

Parents have the right to see a court order before allowing a caseworker to enter their home or interview their children, as of 2015, according to the Ohio State Bar Association. Parents have the right to ask for the specific actions of which they are accused, notes Chris Branson, attorney at law. The parents are not required to even open the door to let the Child Protective Services worker look at their child.

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Full Answer

Parents have a constitutional right to attend physical inspections and medical examinations of their child, even if the child is in protective custody of Child Protective Services. Minimum rights allow the parents to be on the premises and have access to their child upon completion of examinations. The 14th Amendment guarantees due process, even if a court order requires examinations of the child, advises Bridges4Kids.

Anything parents say may be used against them by Child Protective Services workers, says Branson. Child Protective Services workers see hostility as evidence that the parent possesses an abusive personality, but the parents' right to have an attorney present keeps Child Protective Services workers from bullying or threatening the parent.

In Texas, parents have the right to secretly record any conversations with Child Protective Services workers and demand that CPS record all interviews with their child, states Branson.

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