The rush of blood, nervousness, and even anxiety may stir when you open the door and find someone from CPS (child protective services). It is strange that your mind will start creating imaginary scenarios even if you have not done anything wrong.
The anxiety and nervousness are usually due to the lack of awareness about your rights. The tension magnifies when you see CPS on your doorsteps on weekends. Does cps come on weekends? In fact, the question should be, can cps come on weekends? What should you do if this happens? What mistakes should you avoid when cps comes to your home? Read on to get your answers.
Does CPS come on Weekends?
“Does cps come on weekends” the simplest answer to this question is, YES, they do, and they can. Cps representatives are legally allowed to visit your home any day of the week. However, it may seem unusual for them to come on weekends.
Well, it can be due to the fact that weekends are public holidays and the chances of meeting the parents and children are higher. Other than that, they may visit on weekends on the basis of a report made to the CPS agency about potential negligence or child abuse.
Sometimes, the cps may be on your doorstep due to abusive or stressful behavior from your spouse while you are unaware of it. It can also be due to similar behavior from any other adult in the home.
Note; The laws related to cps may vary from state to state, but generally, they are the same. Still, it is professionally recommended to consult with local attorneys.
Rights and Authority of Child Protective Service
Knowing what a CPS can or cannot do is important to draw a line, as you will be able to know when CPS is crossing that line. Here is what CPS can do.
Right To Investigate Reports Even If They Appear To Be False
CPS has the right to investigate any or all or all reports made by the mandated reporters. It doesn’t matter if the report is false. The representatives can conduct an investigation. Mandated reporters are;
Moreover, it is the responsibility of cps to investigate every substantial report. The parents must know that not all reports are substantial enough for an investigation warrant.
Right to Connect the Parents with Invaluable Resources
This may sound a little strange, but it can turn out to be handy for parents. CPS can connect parents with valuable resources that may also be helpful in terms of financial assistance.
Right To Meet The Children Without Parent’s Permission
Right, you might find this bizarre and uncomfortable, but cps can meet your kids without your permission. They can also meet them even in your absence. This right allows the cps to investigate children without any influence or coercion from the parents.
Right To Seek Your Cooperation To Follow A Plan
It is well within cps’s rights to demand your cooperation in following a service or safety plan. The cps cannot force you to do it, but they can inform the court that you are not cooperative.
The Right to Remove Children from Their Parents’ House
Again, this may seem like an extreme step, but cps can remove your children from your house without your permission in particular cases. However, it is allowed if the cps;
- Has the court order, or
- They can prove in court that the child was in imminent danger or threat.
The term imminent danger means physical harm, parents neglecting the child, sexual conduct, or firearms left open in the house.
Apart from that, the cps can use anything you say against you and may terminate your parental rights due to solid reasons (it is a long and complex process). These were the powers of cps; however, they cannot;
- Make a forced entry into your home unless they have a court order.
- Force you to take a drug test without a court order.
Mistakes You Should Avoid When CPS Comes To Your House
Speak Less Or Do Not Speak At All
Cps is trained to trick you into a conversation; avoid it at all costs. Remember, anything you say can be used against you in court. Most importantly, do not show anxiety, anger, or frustration. Many referrals or reports are usually vague. However, once they succeed in starting a conversation, they may get more information from you. Silence is the best solution in this case.
Do Not Let Cps Come Into Your Home
Allowing cps into your home can open the floodgates. They cannot enter your house, even if the police accompany them, without your permission unless;
- They have court orders
- There is a situation of emergency
Some people try to make excuses for why they don’t want cps to come in. A simple NO is more than enough without any further explanation needed. You may politely ask them to schedule another visit at a predefined date.
Never Assume That You Cannot Get Legal Help Because It Is Not Affordable
Many people don’t pursue legal proceedings when things go south because they cannot afford it. Well, there are so many lawyers who offer a free 30-minute consultation on the first visit. Even if you cannot pursue further, those 30 minutes can help you understand different perspectives, and you can get good advice. Apart from that, there are many free legal services in different states.
See Also: Can I Subpoena My Husband’s Girlfriend?
Frequently Asked Questions
Does cps come on weekends?
Yes, CPS may or can visit on weekends. There are no limitations related to days of the week that apply to Child Protective Services.
Can CPS enter your house without your permission?
No, they cannot force an entrance unless they have a court order or in case of an imminent threat to the children.
Is it mandatory to answer or respond to cps’s investigation?
No, the parents have the right to stay silent.
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