Welcome back and thanks for joining us again. In the previous article we discussed how to handle a phone call from CPS, and what to do at first when a CPS worker shows up on your doorstep. Picking up where we left off, CPS is still waiting at your front door, with a police officer standing right next to them. You’ve copied down their names and ID numbers, hopefully set up a phone to record your exchange, and now they’re asking to come in…. What do you do?
When the CPS worker asks to come into your home:
Nope. Nada. No thank you. That’s a hard pass. But while the answer should absolutely be a resounding no, you MUST say it politely! No matter how demanding, accusatory, or rude they are, DO NOT give them any further reason to file a petition against you. So always be polite and respectful when talking to CPS workers
But CPS workers are rarely going to take “no” for an answer. They are likely to try coercing you, threatening you, and listing the terrible consequences you’ll face if you don’t bend to their will. They’ll likely direct your attention to the police officer with them, in the hopes that you’ll be so afraid of being arrested, that you’ll cave. DON’T! Unless that officer has a warrant, they’re only there to protect the CPS worker, not to take you to jail.
And while we’re on the subject of warrants…
Ask the CPS worker (politely!) if they, or the officer, has a warrant or court order to enter your home. If they do, then like it or not, they have the authority to enter your home without your permission. However, in many cases, they don’t have a warrant. Which is why they’ll probably tell you that they don’t need a warrant to come inside. WRONG! This is the part where you tell them (again, politely!) that you would be happy to cooperate and let them come inside, as soon as they have a warrant or court order signed by a judge or a magistrate, or you’ve spoken to your attorney.
What if they claim it’s an emergency?
However, please know that there will be times when the officer or CPS worker decides that they really don’t need a warrant to enter your home. Technically, there is a situation when an officer can legally enter your home without your permission and that’s when they are in “hot pursuit” or they believe the situation is an “emergency.”
In such cases, the officer will likely tell you that they are coming inside whether you like it or not, and that you need to step out of the way or risk being arrested for obstructing them in their duties. If that happens, step aside! They may be wrong, and they may have no legal right to be there, but it will be much easier to address an abuse of power from home, than from your jail cell! In this case, your attorney MUST address any evidence against you that was derived as a result of the illegal entry when you get to Court.
Illegal CPS actions can help you fight a corrupt system!
It may seem like a bad idea to have a CPS worker come bashing through your door without a warrant, threatening you and your children, but it might be exactly what your case needs. Remember what we said about recording the interaction? Well, if you’re still recording, you now have evidence of an illegal forced entry into your home. This can work in your favor. As long as you don’t lose your head and start screaming at them, threatening them, or attempt to physically force them out of your home.
Join us next time to continue this discussion about how to handle a CPS worker that shows up on your doorstep and demands your compliance. Until then, if you or a loved one have been contacted by CPS, or suspect you may be the subject of an abuse or neglect investigation, call The Kronzek Firm immediately at 866 766 5245. The sooner you have an aggressive CPS defense attorney on your side protecting your family, the better!