Do you have a question that you want to ask a lawyer? Ask it in the comments and you may find yourself on one of our next videos! #Shorts
Full Fighting CPS Interrogations video: [ Ссылка ]
Today’s question comes from a viewer on our “Fighting CPS Interrogations” video, who asks:
Is a court order the same as a warrant? Does a order allow cps to enter a house? If it is a order and the police are there, can they enter without a warrant?
Those are FANTASTIC questions! #1) No, a court order isn't the same as a warrant.
#2) There can be Court orders that require parents to allow CPS to enter a home, school, or other location where the child may be in order to interview the child.
#3) If the police are there with CPS, and CPS has an Order that says you must let them in in order to interview the child, and you refuse to let them in, that refusal may be used to terminate your parental rights. HOWEVER, there is no requirement that you allow the police to enter your home or for you to allow CPS to search your home.
Also find our content on:
Facebook.com/MatthewHarrisLaw
Instagram - @Matthew_Harris_Law
Google Maps – [ Ссылка ]
Website - [ Ссылка ]
Do you have to answer CPS Questions? How do you say NO to CPS Interrogations? How do you stop CPS?
You won’t have any warning, but one day you may find yourself face-to-face with an intrusive CPS Investigator. CPS will violate your constitutional rights and only you can protect yourself and your family. Be prepared to protect your family from this intrusion.
CPS is NOT Your Friend
If you have a child, regularly interact with children, or think you may one day even know a child, then this blog is for you.
CPS is tasked with protecting children, but often this is done by trampling on the rights of uneducated parents and caregivers, all while declaring that the “ends justifies the means.”
Well that’s not how it is supposed to work!
CPS = Police
First, let’s get a couple of things straight. The young caseworker at your door isn’t wearing a uniform, gun, and badge, but he/she is a full-fledged Government Agent.
As with most (all?) Government Agents, they are not there to protect your rights, but are there to perform their public function. Ever heard the phrase “I’m just doing my job”? Well, the Texas Department of Family & Protective Services, aka Child Protective Services (CPS), has the job of protecting the safety and welfare of children in the state of Texas.
Because you read our prior blog Right to Remain Silent, you know that you’re not supposed to talk to the police. The same goes for CPS! CPS is on your doorstep and they say that they want to “talk to you,” but that couldn’t be further from the truth. What they really want is for you to talk to them. Unfortunately, they won’t warn you that everything you say will be used against you as soon as they get enough information to drag you into Court.
You Don’t Have To Talk To CPS
When CPS receives a report of abuse/neglect of a child, it has a duty to investigate. During this investigation, the CPS Caseworker may visit the child’s home, interview the child and other children in the home, interview the child’s parents/caregivers, etc.
—See Tex. Fam. Code § 261.302
However, you do not have to consent to any of their requests. They cannot search your home, drug test you, or interrogate you without your consent, or an Order from a Court.
If you invoke your 5th Amendment right to remain silent, your 4th Amendment right to be free from unreasonable searches and seizures, and your 6th Amendment right to an attorney, then you can stop overzealous Caseworkers in their tracks. If you choose to waive these, then please be prepared for them to use every piece of evidence they gather against you.
You Don’t Have To Take Their Drug Tests
During an investigation, CPS absolutely LOVES asking people to submit to drug tests; specifically hair strand tests that will go back 3-6 months. This is a common tactic used even when there are no allegations of drug use. I’ve even seen cases where there were no allegations of abuse or neglect, but CPS asked for this drug test and used it as a basis to attempt to terminate rights.
What Are Your Alternatives?
CPS doesn’t like being told “no” when they ask if you’ll freely waive your Constitutional rights. If you do, then be prepared to fight this battle in Court. Don’t freak out, this isn’t a bad thing.
Think of it this way. If a cop showed up at your doorstep and asked if you would answer some questions and let him search your house, would you let him? Sure you may not have anything to hide, and letting him intrude and violate your rights would be the fastest way to get rid of him, but what kind of Orwellian nightmarish society would that be?
The police, and CPS, should resort to going to Court to get approval to search your home and drug test you because then they have to lay all of their evidence out for review. If you...
