If CPS has an open case on me, do my children have to answer their questions?

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If CPS has an open case on me, do my children have to answer their questions?

cps was called on me. They showed up to my children’s school and questioned them then they came to my home and questioned me. I answered all their questions but I feel they are making this bigger than it is. They said I am “boarderline abusing my children” . What does that mean? They said they will be dropping in and talking to them at school periodically. Can they do that? How do I handle this?  They said the case will be open for 30 days. Do I need a criminal attorney? In Trinity County, CA.

Asked on January 25, 2011 under Criminal Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Listen it is never a bad thing to consult with an attorney, especially when your kids are involved.  Can Child Protective Services talk with the children without you present and at school?  Yes, I believe that they can if they believe that the children are in any sort of danger.  The school can question them too on this matter.  I would consult with an attorney if there has been an investigation opened up against you.  You need to know what "proof" they have against you here and what they are considering as "borderline."  Maybe the attorney can also suggest that you get some counseling with the kids and take some parenting classes voluntarily so that if the matter goes before the courts then they can see that you are taking whatever positive steps you can to be a good parent.  Good luck.


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