In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents!
In an emergency, CPS can also return with the police without a court order. If you’re confident that there’s nothing to be seen in your home that raises red flags, you may want to allow entry, since denying entry may make the worker see you as uncooperative. If you do refuse entry, how you do it can make a difference.
If a counselor acts on the assumption that the client thinks a CPS agency is acting in her best interest, the counselor may well alienate the client and close the door on what could be an opportunity for developing a therapeutic alliance.
1: Take any accusations seriously. No matter how absurd or unbelievable the CPS/DCFS social worker’s claim (s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused.
Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.
CPS can investigate reports, even if they are false. Mandated reporters are required to report any suspected child abuse. It is illegal for them not to do so. Mandated reporters include doctors, lawyers and therapists. Of course, other people can make reports as well.
If you've ever wondered “What questions will CPS ask my child?” we have an answer for you!...Questions about Physical AbuseHow did you get that injury?Do your parents ever hurt you on purpose?Are you scared of making your parents angry? Why?What happens when your parents get upset?
In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.
General questionsTell me about yourself.What made you want to work in CPS?What motivates you?What are you passionate about?Where do you see your career in five years?What are your current career goals?What is your working style?What is your communication style?More items...•
The main subject areas that are focused on during a child-interview are: what actually happened during the alleged incident (or incidents) of abuse or neglect? whether the child feels safe in their home right now. whether the child believes that future abuse or neglect will occur.
Believe it or not, it's to check if the child has clean sheets on the bed, as this is one of the things they use as a measure of neglect (?!). Or so I've been told during a previous visit (about 6 years ago). They are also allowed to check how clean your toilets are, apparently another SS indication of neglect.
They may want to see if there is food in the house, proper sleeping conditions, and plenty of clothes. But, they're also looking for signs of health issues, drugs, weapons, and anything that might be used against you.
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 – 90 days or longer, depending on what is needed.
No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and...
Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “...
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS l...
An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...
Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...
If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing...
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own...
Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any...
If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is a...
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If yo...
Parents are routinely accused of ridiculous things: trying to sell their children to relatives for drug money; molesting a child in the living room during a family party; beating a child with a baseball bat – without leaving bruises. Yes, those were real calls to CPS – all taken as true by investigators. I don’ t care how absurd or unbelievable the caseworker sounds. Understand that SHE is serious, and likely presumes – no, likely “KNOWS” that you are guilty as accused. Even if she doesn’ t flat out say that she’ s there to take the children, she is quite possibly intent on doing just that. In testimony to Congress, Chris Klicka, senior counsel for the Home School Legal Defense Association, stated that a case worker with 30 years’ experience once confided in him that “When I started working, we tried to prove the family was innocent. Now we assume they are guilty until they prove they are not.”
Ask to see the warrant or order, because the CPS worker may lie and say she has one when she doesn’t. When she doesn’t have one, politely but firmly tell her that she will have to stay outside until she gets one. If she claims it’s an emergency, make her tell you what it is.
The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing she could think of was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes. Usually, she would just go in by herself and go right to sleep.
If you say nothing to them, you have taken away their greatest weapon, which is their ability to twist your words.
Tape record every conversation you have with a CPS worker – but do it secretly. Nothing in my experience enrages a CPS worker – leading to rash action – faster than finding out she’s being recorded. So don’t tell her. In Texas, it’s perfectly legal to secretly record any conversation that you are a part of.
Yes, those were real calls to CPS – all taken as true by investigators . I don’ t care how absurd or unbelievable the caseworker sounds. Understand that SHE is serious, and likely presumes – no, likely “KNOWS” that you are guilty as accused.
Don’t settle for the answer of “abuse” or “neglect”. Those are categories, not details. You are entitled to know what specific acts you are accused of committing.
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.
An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.
Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.
It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally.
As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizen s. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.
If a CPS or DCFS social worker suggests a doctor for you, or suggests that they know where you can see a doctor at NO CHARGE (as attractive as that may be), NEVER visit with a doctor recommended by CPS.
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.
All States require designated groups of individuals to report incidents of known or suspected child abuse or neglect.
All 50 States and the District of Columbia have statutes that protect children from abuse and neglect by their parents or others. There are criminal statutes prohibiting certain acts (or failures to act), violation of which may lead to imprisonment. There are also civil statutes that prohibit abuse and neglect.
Once a professional, relative, or neighbor has made a report about a child, the State or local CPS agency is supposed to take action and investigate the complaint. If the complaint is unfounded or unsubstantiated, it is dismissed, and there are no further consequences.
Child protective services (CPS) caseworkers investigate allegations of child abuse and neglect for their county or state CPS agency. They typically work with law enforcement officers during the course of their investigations. According to "Child Protective Services: A Guide for Caseworkers," a caseworker's main focus is to determine whether ...
If they determine children need to be removed from a home for their own safety, caseworkers look to place them with an extended family member or someone else in the same community.
They also act to provide the person or people who have harmed the children with the services and support they need to end the abuse or neglect. Caseworkers may find themselves in dangerous situations while confronting people they believe to have harmed children.
Although caseworkers may be expected to work only 40 hours a week, they often deal with emergencies at odd hours and work evenings and weekends because that is when families are available to meet with them.
Abuse may be physical, sexual, or emotional. Neglect is the failure to provide food, clothing, shelter, medical care, education, or supervision. Caseworkers may get burned out on their work because they encounter many people with difficult problems and they may feel they aren't able to make a difference.
Kindness and patience are vital. Problem-solving skills: Caseworkers must be able to zero in on the most workable solutions with the children's best interests in mind. Communication: Talking with people is a big part of this job.
The BLS expects jobs for child, family, and school social workers to grow 14% from 2016 to 2026, though it notes that employment growth may be limited by federal, state, and county budget constraints.
One thing you don’t want to do is minimize serious concerns. You want your answers to reduce concerns , not raise more concerns. If you’ve had prior cases, CPS is required to ask you about them. If you have addressed any problems you were struggling with in the past, it’s a good idea to explain how you’ve done that.
A: When you’re being questioned by a person in authority, you can think that you have to do everything they say. Knowing your rights can help you understand that you also have power.
When you’re investigated by child protective services, you have to make decisions every step of the way. You have to decide what information to share, whether to enroll in services, and, if you wind up with a case, whether or not to go to trial.
A: CPS workers will sometimes say that services are mandated but nothing is really mandated until you go to court and the judge orders it. That said, if you understand the safety concerns that CPS has about you, any steps you take to address those concerns may help, including voluntarily participating in services.
A: Yes. But refusing entry to CPS will not end the investigation. If CPS has information that a child may be in danger, they have the authority to go to court to ask for a court order—similar to a search warrant—requiring you to allow them access. CPS must give you notice if they intend to do this, and you have a right to go to that court hearing. In an emergency, CPS can also return with the police without a court order.
In an emergency, CPS can also return with the police without a court order. If you’re confident that there’s nothing to be seen in your home that raises red flags, you may want to allow entry, since denying entry may make the worker see you as uncooperative. If you do refuse entry, how you do it can make a difference.
A: If it’s in your own home, you can, but investigators are also required by law to interview your children. If they’re unable to, or think your children are not going to speak honestly with you present, they will go to court to require that you bring your children to a different location to be interviewed without you.
You may not want to give CPS your name out of fear of being involved in the investigation of child abuse. Perhaps you are afraid of the abuser. Or you may have been told of the abuse by a child and do not want the child to get in trouble for having told someone. Accordingly, you should consider if you want to remain anonymous.
Also, CPS should step in if a child is not given proper nutrition or medical care. Common signs that a child is being mistreated include:
It can be hard seeing a child who is being neglected or abused, but you can help them by reporting the abuser to Child Protective Services. Although you don’t need evidence, it may help speed up the process if you have photos or videos of the abuse, or a written report of what the child has confessed to you.
If you believe someone has abused or neglected a child, or if you believe a child is in danger of being abused or neglected anywhere in the USA, you should contact Child Protective Services (CPS). Once you contact the agency, they will review the information you provided and decide whether to open an investigation.
When a child is in imminent danger of harm, you should contact 9-1-1 instead of CPS. Once the police arrive, they will contact CPS if they cannot fully resolve the issue right away. Find a hotline phone number. Most states maintain a child abuse hotline.
Common signs that a child is being mistreated include: bruises or other injuries in multiple locations or on both sides of the child’s body. frequent or unexplained injuries, especially in a distinctive pattern (such as grab marks) a child’s fear of returning home.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.
By improving empathic listening, clinicians are better able to respond to clients in a way that promotes feelings of safety and support. Overall, this activity aids practitioners in creating an empathic client relationship by engaging in careful listening, nonjudgmental acceptance, and attention to details.
Maggie’s therapist greets her with a kind smile as he escorts her into his colorful, comfy office. He offers her something to drink as he asks her if she had a pleasant weekend. Maggie’s irritable responses are evident to the therapist, who is careful to speak in a nonjudgmental, understanding way.
We have several useful resources for building rapport with clients. Our Positive Psychology Toolkit contains over 350 exercises and tools. Here is one example tool that is useful for building rapport:
Among the topics covered are motivational techniques, coaching models, group coaching, and informative books. Various aspects of the article are particularly pertinent to rapport development, such as the importance of effective communication skills.
As every good clinician knows, diving into deep discussions without first establishing rapport is a sure-fire way to derail the therapeutic process. It can also increase client attrition. In contrast, establishing rapport at the outset helps to calm clients while promoting confidence in the clinician. This type of therapeutic engagement involves ...
Plus, she really doesn’t trust psychologists. But Maggie decides to attend counseling out of fear of losing her job. She presents with her arms crossed and a clearly distrustful and irritable demeanor. Maggie’s therapist greets her with a kind smile as he escorts her into his colorful, comfy office.
Use reflective responses and questions to clarify the client’s emotional and cognitive state. Mirror the client’s language, tone, and pace as a way of calming emotional clients.
The social worker’s obligation to keep client information confidential is supported through state and federal law, but most often is discussed in reference to the NASW Code of Ethics. In the NASW Code of Ethics (NASW, 2008), Standard 1.07 outlines that social workers “should respect client’s right to privacy” ...
Confidentiality means that information shared within a relationship will not be shared outside that relationship. The expectation is that what a client tells a social worker, the social worker will not reveal to others. The purpose of client confidentiality is to encourage clients to share information that may be embarrassing, or even self-incriminating. Through the sharing of such information, the social worker can help the client address an issue, concern, or problem the client may be experiencing. The social worker’s obligation to keep client information confidential is supported through state and federal law, but most often is discussed in reference to the NASW Code of Ethics.
First things first, you start at the beginning of the relationship with your client by incorporating a discussion of the limits to client confidentiality with your client through informed consent. Informed consent is the process through which social workers discuss with clients the nature of the social worker/client relationship.
So, the social worker can say that he or she will keep information “private” or “between the two of us.”. But it is very important that the social worker make it clear that there may be times when the “private” information will be shared with others.
Although a written tool is a good idea, it is important that there be additional methods for ensuring informed consent. In all cases, with or without written informed consent tools, the social worker and client should discuss, face-to-face, expectations for confidentiality and when confidentiality will be breached.
It is possible that by explaining to your client the limits of confidentiality, the client may choose not to disclose information that would warrant you to make a report to child protective services. It is important to remember that it is the client’s right to choose what information to share with you.
And yet you are a mandated reporter, required by law to report suspicions of child abuse and neglect. Isn’t there a conflict here? The short answer is “yes,” but this article will spell out the long answer for you that finds that your legal obligation to report trumps your ethical responsibility to your client.