What You Need to Know About Parental Rights When Dealing with Child Protective Services
When a family has become involved with Child Protective Services (CPS), parents are still legally recognized as the child’s parents. Therefore, they maintain certain parental rights and responsibilities. Here is what you need to know about parental rights when dealing with CPS in California.
Although rights can be sometimes limited when dealing with Child Protective Services, parents still maintain several rights. Even when parents have their children taken away from them by Child Protective Services, they are still regarded as their parents under California law.
General Parental Rights When Dealing with CPS
Parents have several constitutional rights when dealing with Child Protective Services.
1. Child Protective Services is not authorized to talk to a child without parental consent
Unless the allegations of abuse involving a child are extremely serious, CPS cannot speak to a child without the knowledge and consent of the parents, especially on private property. CPS is also not allowed to investigate one’s home without their consent or without a court-issued search warrant.
Related: What CPS Can and Cannot Do in California
2. Child Protective Services is not authorized to unwarrantedly enter a dwelling forcefully or take a child from their home without justification
Child Protective Services is not allowed into a home unless a parent invites them to enter. CPS is also not authorized to take a child when they cannot justify an emergency.
3. Child Protective Services can be sued for violation of civil rights
CPS can be liable for legal action when they have violated certain civil rights. If CPS is found lying, trying to force entry into a home, etc., they can be sued for a civil rights violation.
Related: How to Sue Child Protective Services in California
Parental Rights When Children are Taken From Their Custody
When children are taken into the custody of the Department of Children and Family Services (DCFS), parents maintain certain rights and responsibilities.
Related: How to Get Your Children Back from CPS in California
1. Visitation Rights
Parents maintain the right to visit their children when they are under DCFS custody if it is deemed safe to do so. Parents also have the right to call their children if contact would not be negative to the child.
2. Medical Decision-Making
Parents have the right to know their children’s medical issues while the children are not under their care. They also maintain the right to make decisions regarding their children’s medical care. No medical decision should be made for any child without their parents’ consent.
3. Educational Decision-Making
Parents reserve the right to make educational choices for their children. Children cannot be moved to a different educational institution without the parents’ consent.
FAQs
Can Child Protective Services show up at a home without notice?
Child Protective Services can show up to private property without prior notification. If no one is on the property when the CPS worker arrives, they will leave their contact information and expect a call back to schedule a time that works best for all parties.
Can a parent talk to a caseworker about an ongoing investigation?
Parents have the right to talk to caseworkers about an ongoing investigation regarding their children. Parents should recognize, however, that any conversation with a caseworker can be used in court.
Can Child Protective Services force someone to take a drug test?
CPS cannot force anyone to take a drug test unless they have a court order.
Contact Us
If you have any more questions regarding your parental rights when dealing with CPS, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!