questioning a child

[justjanet]

What is the name of your state (only U.S. law)? colorado

Does a social worker have the right to question a child with out a parents knowlege or consent?

 

[Proserpina]

What is the name of your state (only U.S. law)? colorado

Does a social worker have the right to question a child with out a parents knowlege or consent?

Very often - yes, absolutely.

In fact, it's often the best way of obtaining accurate information. But, it depends.

Now if you'd care to give more details...?

 

[Ohiogal]

Very often - yes, absolutely.

In fact, it's often the best way of obtaining accurate information. But, it depends.

Now if you'd care to give more details...?

Actually a social worker does NOT often have the right. That is not true.

 

[justalayman]

Actually a social worker does NOT often have the right. That is not true.

If they do not have that right, if it does happen (and it does happen a lot, at least in my state) what action would the parent have available to them?

What I see in most situations is that upon a report to CPS or such, a person often goes to the school the child attends while in session and the child is pulled from class and interviewed, without parental knowledge. My understanding of the intent is to have a "surprise" interview so the parents cannot coach the child in preparation of the interview.

 

[CdwJava]

Actually a social worker does NOT often have the right. That is not true.

In what context?

In my state, absolutely they can. They do not need a parent's prior consent to speak with their child. Yes, the parent can lawfully decline to permit their child to speak with CPS, but absent such a refusal or withdrawal of permission, they can.

 

[Ohiogal]

In what context?

In my state, absolutely they can. They do not need a parent's prior consent to speak with their child. Yes, the parent can lawfully decline to permit their child to speak with CPS, but absent such a refusal or withdrawal of permission, they can.

In Ohio they do unless they have a court order. The blanket statement made was wrong. Doesn't mean the caseworkers don't play shady and go to the school to talk to the child. As for Colorado, it is very possible that permission woudl be needed for a caseworker. Now, for police regarding a crime, not necessarily.

 

[CdwJava]

In Ohio they do unless they have a court order. The blanket statement made was wrong.

I didn't read it as a "blanket" statement. She stated that "very often they do" [have that right]. That would seem to be true.

I have no idea about Colorado, but what is true in Ohio, or even California, are not necessarily true everywhere, of course. I didn't read Pro's statement as being a blanket statement about anything, only that very often (depending on the state) social workers can interview a child about abuse without parental permission - even without a court order.

CA recently dodged that one. We had a law that was recently interpreted - then overturned - that would effectively have granted abusive parents the right to prevent their victim children from speaking to the police or social workers without a warrant ... we dubbed it unofficially the "Pedophile's Bill of Rights" because it would effectively have protected custodial abusers. Thank goodness rational heads prevailed.

 

[Proserpina]

In Ohio they do unless they have a court order. The blanket statement made was wrong. Doesn't mean the caseworkers don't play shady and go to the school to talk to the child. As for Colorado, it is very possible that permission woudl be needed for a caseworker. Now, for police regarding a crime, not necessarily.

I made no blanket statement, OG - in fact I was careful not to do so.