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Frequently Asked Questions:  Child Protective Services

  • CPS wants to talk to me, what do I do? 

Do not talk to CPS.  Instead, hire an attorney.  


CPS has a right to speak to your child to ensure the child is safe and to inspect your home for safety.  If you refuse to allow CPS access to your home or your child, then CPS can ask the court to force you to allow them access. 


However, they do NOT have the right to interview you or speak to you at all.  Even if the allegations against you or your family are false, you should not speak to CPS without an attorney. Doing so can result in your child being removed from your home and the loss of your parental rights. 

  • How do I get CPS to leave me alone? 

There is no easy answer to this question. The answer depends on the facts of your case.  This is why it's important to speak with an attorney BEFORE talking to CPS, even if the allegations are false. ​

  • Do I have to do a drug test for CPS? 

Unless a court has ordered you to drug test, then absolutely have a right to refuse to drug test for CPS.  You should refuse a drug test even if you haven't been using drugs.  If you take a drug test for CPS and the lab they refer you to doesn't follow the proper procedures, then you could have a positive test even if you are drug-free.  

  • I am a foster parent and want to adopt.  Do I need an attorney? 

You should absolutely speak with an attorney about your desire to adopt PRIOR to trial.  If you do not hire an attorney an intervene on your behalf, then CPS may be able to move your foster child out of your home and the court is not obligated to allow you to present evidence in your favor.  

Information on this page is intended as a guideline only and is not to be taken as legal advice.

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