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CPS - I need your suggestions

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dadintexas

Junior Member
What is the name of your state (only U.S. law)? Texas

Situation: I have 3 kids (boy 3yrs, girl 6yrs, boy 7yrs), I've recently moved out of the house due to conflicts with the girlfriend. Im going about my daily life which consists of alot of work and no sleep...anyway. I got a voicemail from CPS, didnt return the call. Called my ex and she said that someone made some accusations of drug use and abuse and that CPS had gone to my kids school and interviewed them. They asked some very private things such as how do they wash themselves, and the kids said they wash themselves and sometimes mommy and daddy do...then they ask about washing their privates and one thing leads to another and they come to the conclusion that both of us are wrong for having helped our kids wash and that me specifically had committed a sexual act by doing this. Further more they decided that I have abused my son by making physical contact with him during conflicts such as taking him by the arm when he is about to hit his brother or sister. So we have sexual assault and child abuse. fast fwd to today about two weeks after they interviewed the kids, I have not spoken to them and my ex has spoken on the phone very briefly and vaguely with them once or twice. Now they are wanting my daughter to meet with a forensic counselor in regards to me bathing her. They told my ex that there is no choice in the matter, even though she said she will not put her daughter through those type of questions again (my daughter was very shaken up after the first interview). She said if she did not co operate then CPS would take "action". Well me question is, what are the options. Is this interview truly mandatory? Can we ignore them and not worry about them showing up and taking our kids in the middle of the night? What can they do and what can we do or not do? It is friday evening, so it will be saturday or monday before I can sit down with a lawyer and get these answers.

Your help and advice is greatly appreciated
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? Texas

Situation: I have 3 kids (boy 3yrs, girl 6yrs, boy 7yrs), I've recently moved out of the house due to conflicts with the girlfriend. Im going about my daily life which consists of alot of work and no sleep...anyway. I got a voicemail from CPS, didnt return the call. Called my ex and she said that someone made some accusations of drug use and abuse and that CPS had gone to my kids school and interviewed them. They asked some very private things such as how do they wash themselves, and the kids said they wash themselves and sometimes mommy and daddy do...then they ask about washing their privates and one thing leads to another and they come to the conclusion that both of us are wrong for having helped our kids wash and that me specifically had committed a sexual act by doing this. Further more they decided that I have abused my son by making physical contact with him during conflicts such as taking him by the arm when he is about to hit his brother or sister. So we have sexual assault and child abuse. fast fwd to today about two weeks after they interviewed the kids, I have not spoken to them and my ex has spoken on the phone very briefly and vaguely with them once or twice. Now they are wanting my daughter to meet with a forensic counselor in regards to me bathing her. They told my ex that there is no choice in the matter, even though she said she will not put her daughter through those type of questions again (my daughter was very shaken up after the first interview). She said if she did not co operate then CPS would take "action". Well me question is, what are the options. Is this interview truly mandatory? Can we ignore them and not worry about them showing up and taking our kids in the middle of the night? What can they do and what can we do or not do? It is friday evening, so it will be saturday or monday before I can sit down with a lawyer and get these answers.

Your help and advice is greatly appreciated


CPS cannot take the kids without a court order unless they are in imminent danger and even then I do believe that they're required to have the police present (I'll be corrected if I'm wrong).

This is where opinions will vary somewhat.

You are not obliged to even answer the door if CPS turns up without a warrant. Speaking to them may or may not be the right thing to do; while you do have the right to ignore them this can sometimes backfire. CPS can help, in many situations. They can often prevent further abuse. By the same token, if you don't cooperate they might try to use that against you. They're not all evil though, and that needs to be recognized.
 

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