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A Visit From Child Protective Services

Increasingly, reports to the child abuse hotlines of the Child Protective Services

(CPS) involve home schoolers. Individuals who do not like home schooling have

been known to make anonymous phone calls to child abuse hotlines and fabricate

stories. There have been reports of school officials contacting CPS officials about

home-schooling families. However, the Department of Family and Protective

Services issued a memorandum on March 16, 2005, to clarify that the home

schooling of the child was not relevant to an investigation regarding abuse or neglect.

(Click here to read the memo.) 

Another source of relief for families from bogus reports is a recently passed law

concerning the closing of less serious cases.  As a result of the Texas legislature’s

reform of CPS in 2005 with SB 6, a screening system has been implemented.  The

purpose of this screening system is to relieve the case load of workers caused by

the vast number of frivolous complaints.  Allegations made will be followed up with

a phone call to the family and to others close to the family to seek to close less

serious charges without a home visit.  Families contacted by phone should

cooperate by answering questions and giving references of family, friends and

neighbors who would substantiate their comments and vouch for the family.

Based on early results from a pilot program, this process will result in many, if not

most, cases being resolved without a visit by a CPS worker.

If, for some reason, a CPS worker does come to the door, the home school parent

should be very cautious. It is always a good idea to get the CPS worker's business

card. CPS workers have no authority to enter a family's home without a warrant. If a

family voluntarily allows the social worker into their home, they have automatically

waived their Fourth Amendment rights. The Fourth Amendment of the U.S.

Constitution protects any person from intrusion into his home by any state official

unless the official has a warrant or if an obvious crime is currently taking place in

the home. Without the existence of this emergency situation, social workers cannot

enter a home without a warrant if it is against the wishes of the parent.

Home schoolers who are innocent of allegations are taking great risk by allowing CPS

workers into the home. CPS workers often distort any information gathered; this could

result in the removal of the children from the home.  Statistics show that up to 60

percent of children removed from homes should not have been.  Further, the interview

will NOT be limited to the allegations made against you.  It will include probing

questions into your personal family life and highly embarrassing – and possibly

traumatic – questions about sexual abuse.

Under Texas statutes, a social worker is required to prove that there is some cause

shown to enter a home and interview the children separately. (Cause shown,

synonymous with probable cause, means reliable evidence.) If the tip is anonymous,

CPS must show other corroborating evidence for it to be considered probable cause

or cause shown. In other words, an anonymous tip alone or mere suspicion is not

enough for a CPS worker to obtain a warrant.

Parents should be aware that CPS workers often use a great deal of intimidation. A

common tactic is to have an armed police officer present at the door and to tell the

parent that CPS workers do not need a warrant to enter the home.  In order to take

control of the situation, the home school parent should politely ask for the social

worker's business card, ask to see the warrant, and find out the specific allegations.

This will be a VERY tense situation.  But do not relent.  Your children are worth it.

The parents should emphasize that they are willing to cooperate with the investigation

if the worker will share the specific charges.  Once this information is given, the

parents should offer to allow their family physician to examine the children and give

him a release to report the results to the CPS worker. 

Section 261.3015 (a) of the Texas Family Code was amended in 2005 by the Texas

legislature to screen out less serious cases by allowing the closing of such cases 

“… after contacting a professional or other credible source, that the child's safety

can be assured without further investigation.”  Subsection (a-1) says, “… For

purposes of Subsection (a), a case is considered to be a less serious case of abuse

or neglect if the circumstances of the case do not indicate an immediate risk of abuse

or neglect that could result in the death of or serious harm to the child who is the

subject of the case.”

This statute gives CPS the authority to close a case with the assurance from a

physician that the children are indeed safe and not at risk of abuse or neglect that

could result in death or serious harm.  Therefore, the parents should emphasize

again and again that they are willing to cooperate by allowing a credible third party

to examine the children and report to CPS but not to allow the CPS worker entry

into the home and interview the children.  The new statute enacted to allow the

screening process to deal with frivolous cases also gives families statutory basis

to seek an evaluation from credible third parties to enable CPS to close cases

administratively.  

If a CPS worker comes to your house and you know an attorney who has experience in dealing with Child Protective Services, call him or her immediately.  Social workers often back down more quickly when an attorney becomes involved.

The information in this article is not intended to be legal advice.

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