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Cps

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CSO286

Senior Member
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.
And still, they do not need parental consent or knowledge to examine or interview the child.
 


dmcc10880

Member
And still, they do not need parental consent or knowledge to examine or interview the child.
IF CPS in TN opens an investigation and the parent objects, CPS must to do the DCS legal counsel which may result in law enforcement assistance or the court to order the investigation to proceed.

To open an investigation without the parents' knowledge is just plain wrong.

Now, walk away slowly from the keyboard or provide situs to validate your assertions.
 

tranquility

Senior Member
From "Review of Child Protective Services in Virginia" by JOINT LEGISLATIVE AUDIT AND REVIEW COMMISSION OF THE VIRGINIA GENERAL ASSEMBLY at http://jlarc.state.va.us/reports/Rpt317.pdf

Removal of Children
An option available to CPS when conducting family assessments or investi*
gations is to petition the court to remove children from their homes. Removal is
sought only in the most serious cases of abuse or neglect, and the Code of Virginia
stipulates that certain criteria must be met in order for this petition to be granted.
CPS may petition the court for removal if the lives of children are assessed to be in
imminent danger, or if it is assessed that they face an imminent threat of severe in
jury. Removal may only occur, however, if less drastic alternatives are not available
and if reasonable efforts have been made to prevent such removal. In addition, CPS
policy mandates that caseworkers consult with their supervisors in cases in which
removal is being considered. In cases in which caseworkers determine that children
face an imminent threat to their lives or health before a court hearing could occur,
caseworkers may conduct an emergency removal without a court order. A removal
hearing must occur within five days of the removal.
Reading edit:
The rest of the process is there too. It is a bit dated, but not so old as to be worthless.
 
Last edited:

CSO286

Senior Member
Tennessee info: http://tennessee.gov/youth/dcsguide/policies/chap14/WA3.pdf

1. Initial contact with the parent/caretaker/family involved in the CPS report will include informing each person about the allegations under investigation and the CPS process, the focus/goal of the investigation, and their rights and responsibilities (DCS Clients Rights Handbook). The last page of the handbook contains form CS-0835 Acknowledgment of Receipt of Clients Rights Handbook that will be signed by parent(s)/guardian(s) acknowledging receipt of the handbook.

2. The case worker or appropriate CPIT team member(s) will interview the parents or caretakers of the alleged child victim(s) individually.

3. In most situations, the interview with the parent/caretaker must occur on the same day the child is interviewed.

4. When the parent/caretaker is not the alleged perpetrator, it is recommended that they be notified prior to the child interview.

5. If CPIT team member does not interview the parent/caretaker, the case worker must conduct this interview within the time frame for completing an investigation.
Unfortunately, I cannot find policy or statute that clearly states whether or not TN requires parental notification/consent for child interviews in cases of suspected abuse.

However, I found the above, and based on the bolded, I believe that one can reasonably infer that notification/consent is not required, though it is recommended in cases where the parent is not the suspected abuser.
 

Proserpina

Senior Member
Tennessee info: http://tennessee.gov/youth/dcsguide/policies/chap14/WA3.pdf



Unfortunately, I cannot find policy or statute that clearly states whether or not TN requires parental notification/consent for child interviews in cases of suspected abuse.

However, I found the above, and based on the bolded, I believe that one can reasonably infer that notification/consent is not required, though it is recommended in cases where the parent is not the suspected abuser.

It seems clear. It is recommended, but not required, that parental consent is obtained.

:cool:
 

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