The Truth About Child Protective Services
CPS is Not as Powerful as You Think, and Only as Powerful as You Let Them Be!
No, in each of these cases, you would take the appropriate action and contact a law enforcement agency. That's what law enforcement does - it enforces the law and investigates crimes, while gathering evidence to support the commission of that crime.
When it comes to our most precious children and our family units, why do people feel our children deserve less the any other victim of a crime? Why would we call the appropriate law enforcement agency to investigate any other crime, but our children end up with unskilled, overworked and unqualified social workers to investigate the horrible crime of child abuse or neglect?
The Truth about Child Protective Services (CPS)
Child Protective Services, whatever name they go by in your state, is nothing more than a government funded social services agency. Their job is to provide services such as advocacy, safety, counseling, and protection for children who are found to be victims of the crime of child abuse or neglect. They receive funding based on how many children they can provide services for, so it is in their best interests to find abuse or neglect when it is reported.
The Truth about Law Enforcement Agencies (Police, Sheriff, etc)
Law enforcement agencies are assigned the task of protecting the community in which they serve by preventing, investigating and gathering evidence about crimes. It is their job to do this, regardless of whether an arrest or conviction has taken place, and their agencies do not get additional funding for finding crimes. It is their job to investigate alleged crimes. It is not CPS's job to do so.
What CPS Is and Is Not
What Child Protective Services is not is a law enforcement agency. They are a social services agency. None of their staff are qualified or trained to investigate a crime, gather evidence, follow proper judicial procedure when interviewing witnesses, or any other law enforcement training necessary to properly investigate a crime. Additionally, and what most people don't know about CPS, is that they actually cannot remove a child from a home.
Confused? Don't be. This is the problem that gives CPS so much power over family: ignorance.
Know Your Rights
Child Protective Services cannot, by law, remove a child from a home without proper judicial procedure. In fact, Child Protective Services actually can't remove a child from a home at all.
Confused again?
Only a law enforcement agency assigned by the court can remove the child and then that law enforcement agency will, as directed by the court, hand the child over to the social services agency that CPS is.
It's important to note the following:
1) CPS cannot remove a child from a home. They can only recommend to the court that a child be removed. The court will then, based on evidence, make a determination about the removal of the child.
2) If the court determines there is enough evidence to remove a child, a law enforcement agency will be assigned to secure custody of the child. A CPS employee can never legally take physical custody of a child to remove them from a home. They can only take custody of a child after a judge has issued an order and a law enforcement officer has enforced that order.
3) A parent is not required to cooperate with a CPS 'investigation', and though they may try intimidation and even bringing a law enforcement officer with them, they cannot, without probable cause (and an anonymous phone call to a hotline has been held up in court time and time again to NOT be probable cause enough to enter a home), investigate or enter the home of the child without one of three conditions being met:
a) probable cause (a police officer sees evidence of abuse, witnesses it first hand, and the law enforcement officer enters the property to investigate the crime he witnessed. The child can only be taken into custody at that time if the officer makes an arrest against the perpetrator of such abuse and the child is then taken into custody.
b) a court order has been issued by a judge and a law enforcement officer has been assigned to come into the home, to escort the social worker, and the investigation is overseen by the law enforcement officer.
c) a parent or legal guardian consents to allow the CPS social worker into their home and consents to the investigation.
Unfortunately, through coercion, intimidation, and fear tactics, it's easy to think a CPS employee has power over you, and it's easy to think you are required to let that person in your home or to talk with your children.
It's not. You don't. No one does.
You might think this cannot happen to you, but you'd be surprised to discover just how many 'normal' families are investigated each year, often false allegations set up be a system that allows anonymous reports of child abuse to be made with nothing more than a phone call and a suspicion.
I need to be clear here. Child Protective Services has a very important role to play in the welfare and safety of children. That role is to protect the child, place the child in foster care if necessary, get counseling and medical treatment for the child, and help the courts implement a plan of action for the child's welfare. However, their job is NOT to investigate a crime, no matter what that crime is. Their job is to assist law enforcement as an advocacy agency for children, when law enforcement deems a crime has been committed. We, the people, are the ones who determine just how much power CPS has over our families and our children by knowing or not knowing our rights, allowing or not allowing CPS to abuse those rights, and by ensuring that when we suspect or report abuse, that we report it to the appropriate law enforcement agency, and not report it to a social services agency.
You see, I am not saying not to report child abuse if you believe it is happening. Our children are precious and it is our job to protect the ones who cannot protect themselves. However, if you saw a man beating up another man, would you call a social worker or the cops?
I highly recommend that if you suspect child abuse, call a law enforcement agency. Contact your police department or sheriff's department that has legal jurisdiction over your area. Not only is a law enforcement officer more qualified to investigate a potential crime, should there be evidence that the crime of child abuse or neglect has occurred, a law enforcement officer is more likely to properly gather evidence of that crime so that the evidence is admissible in court, and the perpetrators are actually prosecuted.
A social worker that in some states requires nothing more than 60 college credits hours and some in-house training is neither competent nor qualified to investigate a potential crime, and the only things CPS can do in situations like this is terrorize families and cause undue distress to countless innocent families, while true child abusers often go unnoticed and unpunished.
Do your part. Know your rights. Protect the rights of others while protecting our children. Don't let CPS have power over our families.
The information contained above is my personal opinion, based on my experience as a social worker, in the criminal justice advocacy field and my personal experience with observation of the way CPS handles situations in my local area. The information, while my personal opinion, is based on facts available to anyone who wants to read about how CPS and like agencies are set up and funded in their state. Take the time to read before you act, either on an accusation made against you or when making an accusation against someone else.
Our children are worth it.
Published by Michy Lynn - Featured Contributor in Health & Wellness
Michy is an author & freelance writer, with a penchant for fiction, creative nonfiction and topics that pique her passion: alternative medicine, animals & pets, love & relationships, and her all-time favorit... View profile
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44 Comments
Post a CommentChris, in the State of Texas, a Level I CPS caseworker only has to have 60 total credit hours, period. Not a degree PLUS 60 credit hours. They aren't even required to have a degree, not an associate's degree, nothing - just 60 credit hours of college plus the CPS in-house training. I never alluded to being a social worker in my article, so please read it again and see exactly what I wrote. I was a criminal justice advocate and paralegal, not a licensed social worker. A licensed social worker, LMSW, is NOT what CPS caseworkers are. They are simply social service advocates, though are often supervised by LMSWs.
Michy, I have a couple points of contention. First, I doubt you are a social worker as you allude to in your article. If you were, you would understand that in order to be licensed as a social worker, you need those 60 credit hrs after you have a bachelor's degree- which amounts to about three years of graduate school, plus another 4000 hours of clinical supervision, mutliple exams, and passing the state licensing boards. That would more than qualify you to work for an agency as underfunded and pathetic as CPS. If I am wrong, I apologize, and suggest that you work on your communication skills when trying to convey a message. This leads to my second point of contention, which is not getting these ignorant poeple fired up based on your opinion. How about a few quotes from law enforcement, maybe some case law, a few experts, or anything that would support that which you attempt to pass off as truth. CPS works in conjunction with law enforcement, and the judges, so pissing them
CPSWorker, I worked for years in criminal justice advocacy and even worked for a local CPS office during an internship. I assure you--NO CPS caseworker is allowed to take a child without a court order. Period. No maybes, no in certain instances, nothing. ONLY with a court order or when the parent has been witnessed by a police officer to have committed a crime and the parent is being taken into custody. THEN CPS can take a child without a court order. Otherwise, they can't - EVER. For ANY reason. It is caseworkers like YOU who don't know and understand the limit of your scope of work that makes CPS the terror agency that they are. They have a purpose. It's a good purpose. But they are not allowed by federal law to do the things you're saying they can do. It would be unconstitutional.
Wow. Was CPS called on you or something? Yes, CPS is regulated by the STATES...federally regulated and given FULL authority to remove children in cases of immediate risks of harm. We don't remove children because it's the fun thing to do. Call the police when there is child abuse. Please! Of course! I bet you they will tell you to also file a report with CPS. Overworked? Stressed? Hell yes! Because of how the parent's are! I'm proud to work for CPS. I'm proud that I do my part to ensure not only the safety of a child, but helping the family and parent's get it together so they can have their children removed! Because CPS works for the safety of children and the reunification of children back with their family. Sorry that you had a bad experience with CPS...but there would be a LOT more tragic stories out there if there was no CPS. Are there bad workers? Yes! Just like there are bad cops! Bad postal workers! Bad waitresses! Nobody is perfect and not everyone is s
my friend was seperated from his spouse. CPS was called on her and they took his kids. they are forcing him into drug rehab because he had a past Before the childern (2 & 4) were born. He was not there when the incident happend and is drug free. he submitted a drug test to prove he is clean 30 days ago. they claim they dont have the results so he had to inter rehab. he lost his job over going to rehab he doesnt even need. so what do you think will happen when he gets out and has no job. somone needs to control CPS. They need to help kids who need it not take kids from good parents
my now ex son in- law has money he has left muy daughter with nothing . he abused her mentally and physically for years, he came from an abusive family. he had my daughter thinking she was crazy. the oldest child tells liesjust to stay where the money is. the youngest cries when she leaves her mother. yes she is my daughter but if she was doing wrong i would do something about it. her husband wanted me to have her committed so she would not be mad at him .before the divorce tis time he got his third dwi and two months later beat her up, the police did nothing and husband came back convinced her to drop charges. he left the house, with the oldest child, had the child spy on his mother, the husband was getting in the house thru the attic, changed the door locks repeatedly, disabled the alarm system. my daughter went to a party and screwed up one time. and the husband calls her a drug addict. he is a big one to be talking. she was a silly sixteen year old and got pregnant by hi and has b
My childs school called CPS as a retaliation tactic because we filed a complaint with OCR for the school discriminating against my childs disability. CPS investigated and the complaint was unfounded. CPS told us they were angry that the school filed a false report and recommended our attorney talk to the prosecuter to see about prosecuting the people at the school for filing a false report. It's a class E felony to file a false report with CPS. Sadly though the caller is protected and it's hard to prosecute someone for filing a false report. This NEEDS to be changed. People should be held liable for what they report and shouldn't be able to report anonymously. A lot of people are affected when a knowingly false report is filed. My entire family went through hell waiting for this thing to be found unfounded and no innocent family deserves this. CPS knows that a lot of calls are people trying to get back at families for one reason or another. Why don't they change their policy and make c
Some of the article is opinion, not fact.
Read and study the CPS handbook for your state by doing a search for "name of your state CPS handbook". (Omit quotes)
The intent of CPS is to work with the parent for the benefit on the child. Excellent parenting and cooperation will prevent a lot of heartache. Drug use anywhere near a child in America will result in the child finding happiness in a new home. The expense of taking a child into the system is enormous. The state isn't looking for more. Most CPS workers are parents, too. If taking children from their home is so much fun why is there such a tremendous turn over of staff?
The choice is yours. Be responsible. Behave like a parent. Don't make excuses. You know right from wrong. Do the right thing and the CPS worker will leave you alone.
Do you really want police officers, who only have time to arrest and let the courts deal with the problem, assuming the responsibility for protecting our innocent children? In our imperfect s
No, they're not unless the person has a criminal record. Sounds like it's time for you to get an attorney.
I want to hear more about what's going on with you being in 4 yrs now. I thought there was a limit on how long they can keep a case open or even check in on you. I am at this point dealing with cps by court order. They are going as far as telling me who I can and can't have in my life, even if they have no contact with my kids. I don't want to lose the person they are speaking of and am already keeping my relationship with this person separate from my relationship with my kids. Do you know if they are allowed to force me to chose in that situation?