I live in Tennesssee. My 2 year old daughter was at her baby sitter's home & her elbow was dislocated. I took her to the ER & they said it was a 'nurse's maid elbow' which is caused by a PULL to the arm. My mother called DCS to have the sitter investigated. CPS went to my daughters NEW daycare, without my knowledge, took her clothes off, questioned & examined her. Is it legal for CPS/DCS to question my toddler without my knowledge or consent?
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Cps
- Thread starter Jaki2010
- Start date
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Yes it is.
CPS may question and examine children without their parents' knowledge or consent, because if the parent were the suspected abuser, do you really think consent would be attainable?
Banned_Princess
Senior Member
yes. its kinda their job.
Proserpina
Senior Member
No, it's their job to investigate. You obviously hadn't been ruled out at that point.
OHRoadwarrior
Senior Member
Until CPS develops the ability to read your mind, they won't know this to be a fact.
Banned_Princess
Senior Member
Too bad the world doesn't revolve around what people think should and shouldn't be legal.
What? They took her clothes off and examined her? She was examined in the ER by a physician already! They should never be able to examine your child without you or a lawyer present. Any questioning should be videotaped for your and your child's protection. If I were you, I'd be furious. After all, what credibility can a two year old have (no offense), but there are so many ways CPS can manipulate an interview. Call a lawyer!
Oh, shut up!
RE: the bolded: When CPS begins the investigation, they still don';t know if Mom was the abuser or was complicit in said abuse. Hence the law allows for CPS to examine and interview children without the knowlwge/consent of parents/parental figures, who, more often than not, are the abuser in the cases that are substantiated.
Are you actually serious? I hope not. One does have the right to refuse DCS/CPS entry to your home if they do not have a Court Order.
One does have the right to refuse to answer any questions that have nothing to do with the allegations.
One does have the right to obtain legal counsel before choosing to answer any questions.
Further, the OP does have the right to have an attorney present at any interview and have the interview videotaped, especially any interviews with the child.
IF CPS get a report about possilbe abuse/nelgect/maltreatment, they have the right to walk into your child's school and speak to your child about suspected abuse/neglect without calling you first.
A two year old, without representation or at least a video of the questioning? And they take the kid's clothes off when the injury was to the arm? I'd say that's a license for pedophiles with a badge.
You need to think about what you write before you actually write it. Further, don't tell me to "shut up" as I didn't "say" anything. This is script.
Ok, then, please, walk away from the keyboard.
Do you know what you are talking about? Do you work with child protection workers? (I do. So do many other seniors.)
Ok then, let's consider this:
CPS recieves report that Little Janie is being hit and burned with a cigarette by her parents.
CPS calls Janie's parents and requests said physical exam/interview. Now, if the parents are indeed abusing their child this way, there will be obvious physical evidence of burns, yes? Do you really the parents are going to consent to said exam?
This is why consent and knowledge of the interviews/exams are not required.
Make sense yet?
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OK... first "little Janie" in this case was not burned or hit. Her arm was hurt, which in this case, it could have been from swinging the child playfully, or yes, yanking the child's arm. Parents sought medical attention.
If CPS cannot get consent, they can get a court order.
Now, when you return to reality, you can understand. Until then, not so much.
If CPS cannot get consent, they can get a court order.
Now, when you return to reality, you can understand. Until then, not so much.
Zigner
Senior Member, Non-Attorney
You don't have a clue. The OP (and anybody else stumbling upon this) will be well advised to ignore your ignorant posts (such as are contained in this thread.)
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