unlawful cps action?

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Latest post Mon, Feb 1 2010 1:53 PM by BonusMomE. 8 replies.
  • Tue, Jan 5 2010 3:34 AM

    unlawful cps action?

    does cps have the righ to enter your home without a warrent or permission from the resident?

  • Tue, Jan 5 2010 5:51 AM In reply to

    Re: unlawful cps action?

    Warrants don't apply to civil (CPS) investigations.  Are you saying that a social worker pushed their way through someone to get into the home or that someone other than the "resident" allowed them in? 

    Generally,  if there is a lack of cooperation with a CPS investigation,  a Petition is filed and the court would have to order further actions ( police assist;  CPS to take custody of the child, etc);  if there is an order to take custody of the child- CPS can enter a home to do so.

  • Tue, Jan 5 2010 9:09 AM In reply to

    Re: unlawful cps action?

    no if no one is home they cannot enter the premises

  • Tue, Jan 5 2010 12:35 PM In reply to

    Re: unlawful cps action?

    No one was home at the time. They had recived a report and were comming to check it out. They were not there to take the child at that time, just to look around and when no one was home they let themselves in.

  • Wed, Jan 13 2010 7:12 PM In reply to

    Re: unlawful cps action?

    cps does not have to have a warrent to enter your home at all if they get a call or a report they are coming and dont need a warrent

  • Wed, Jan 13 2010 7:30 PM In reply to

    • Arthur3
      Consumer
    • Top 150 Contributor
    • Joined on Sun, Jan 21 2007
    • Posts 263

    Re: unlawful cps action?

    A CPS worker cannot enter without your permission unless they have court order or warrant

  • Sun, Jan 31 2010 4:47 PM In reply to

    Re: unlawful cps action?

    They are not authorized to let themselves in.  A complaint should be filed with the state if that is what they did.  If they suspected that the child was in imminent danger they are supposed to contact law enforcement and gain entry either via the police or a warrant.  They can't just enter the house with no one home because they have a complaint.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Mon, Feb 1 2010 1:34 PM In reply to

    • kath21
      Consumer
    • Top 25 Contributor
    • Joined on Sat, Apr 18 2009
    • CA
    • Posts 4,451

    Re: unlawful cps action?

    How did they enter if no one was home?  Did you leave the door unlocked?  Did they break down the door?

  • Mon, Feb 1 2010 1:53 PM In reply to

    • BonusMomE
      Consumer
    • Top 200 Contributor
    • Joined on Sat, Jan 31 2009
    • AZ
    • Posts 184

    Re: unlawful cps action?

    We have delt with AZ CPS twice.  They have a grievence procedure and advicates that will help you should you have a grievence.  Some CPS workers are helpful and some are apathetic.  If you have nothing to hide I dont see the issue with letting them in your home and speaking with them.  Really versus the alternative.  If they can speak to your child without your consent they can also take your child in for medical evaluations without your consent.  Dont leave your information open for conjecture speak your side of the accusation.

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