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Your Rights When CPS First Contacts You in Virginia

Read this in: Español

Author: Valerie L'Herrou

What is CPS and why are they here?

Child Protective Services (CPS) works for your local Department of Social Services (DSS). CPS is contacting you or showing up at your home because someone reported that your child may be abused or neglected.

Virginia law requires CPS to look into every report that could be a “valid” case of child abuse or neglect. A report does not mean you did anything wrong. But the investigation is serious, and knowing your rights from the start matters.

“Valid” does not mean child abuse or neglect happens. Valid means that the report is about:

  • a child (under 18)
  • a caretaker (parent, teacher, or person responsible for looking after the child), and
  • the behavior being reported is considered abuse or neglect under Virginia law. 

All three things must be true for a complaint or report to be valid.

Contact a lawyer as soon as CPS begins an investigation. Do not sign anything before talking to a lawyer.

Do I have to let CPS into my home? 

You have the right to refuse to let CPS into your home. You also have the right to let CPS into your home but not allow CPS to enter rooms or look inside drawers and cabinets.

There can be consequences if you refuse to let CPS in. They can:

  • Enter your home without permission if they believe your child is in immediate danger and there is no time to get a court order or police.
  • Come back with police. Police usually need a warrant to enter your home, but not if they believe your child is in immediate danger.
  • Get a warrant or court order that legally forces you to cooperate.
  • Talk to your children at school, without asking your permission first.
  • Tell the judge you refused to cooperate, which can hurt your case.

Letting CPS in also carries risks. It is important to weigh the risks. CPS could find other things that add to their concern, such as a messy home, empty kitchen cabinets, marijuana, or broken furniture. None of these things mean you did anything wrong, but parents may be surprised about what CPS will add to their report. Anything they see or is said can be used against you.

If you are unsure what to do, you can say: "I want to work with you, but I want to speak to a lawyer first to make sure I know my rights."

If you decide to let them in, keep your answers brief. You can still say you want to speak with a lawyer before answering questions.

Can CPS interview my children without my permission? 

CPS can interview your children without your permission. You have the right to refuse them going inside your home to do this. 

However, refusing to allow interviews in your home may still lead to interviews happening somewhere else. CPS can interview your children without your consent or your presence if the children are at school or another public place. CPS can also interview children by court order or with police present.

CPS is required to notify parents as soon as possible after they have interviewed a child.

Can CPS examine or photograph my children’s bodies without my permission?

When a report includes suspected child abuse, CPS is allowed to take photos or x-rays of a child. CPS does not need a parent’s permission or the parent to be present. 

CPS does not have this power when the only alleged issue in the report is neglect.

What does a CPS home inspection look like?

If you agree to a home inspection or the court orders a home inspection, CPS workers will look at:

  • Whether there is enough food in the home.
  • Physical safety issues like smoke detectors, broken furniture, or window guards.
  • Cleanliness and sleeping arrangements.
  • Your child's body, for any marks or bruises.
  • How your child interacts with you and other people in the home.

If you believe that CPS will come to your home or may return, you may want to prepare. CPS will often show up without warning or with very short notice.

Can CPS take photos or record in my home?

CPS may take notes, photos, or recordings during their visit.

You have the right to:

  • Ask what documentation CPS is making.
  • Ask for a copy of the notes and documents in your file.
  • Refuse to allow photos or videos inside your home.
  • Refuse to participate in audio-recorded interviews.

Speak with a lawyer before deciding. Refusing documentation could be seen as uncooperative, depending on your situation.

You also have the right to make an audio recording of the interview. You must make sure everyone there knows you are recording. As soon as you start the recording, you must say, out loud for the recording, that the recording is being made.

If CPS takes photos or recordings, you and your lawyer have the right to access them later.

Should I sign a Safety Plan?

CPS may ask you to sign a Safety Plan. This is a written agreement about rules for how you care for your child. Some safety plans ask you to agree to have your child live with someone else temporarily.

You do not have to sign a safety plan. But CPS can go to court to require you to complete services, like parenting classes or therapy, or remove your child if they believe it is necessary.

You have the right to take time to review the plan before signing it. You have the right to speak to a lawyer before signing. Do not sign any documents before speaking with a lawyer. If necessary, you can use Virginia Free Legal Answers to talk to a lawyer.

Read the plan carefully before you sign anything:

  • You have the right to ask for changes. CPS often uses a standard form, but you do not have to accept it as written.
  • Make sure every rule in the plan applies to your actual situation. For example, if the CPS report had nothing to do with how you supervise your child, any rules about supervision do not need to be in the plan.
  • Do not agree to anything you cannot understand, or cannot follow. If you break any part of the plan, CPS can use that against you.

What should I say to CPS?

You are not required to answer all of CPS's questions. A good thing to say is:

"I want to provide you with the information you need, but I would like to speak to a lawyer first to make sure I know my rights."

Anything you say to CPS can be used against you. CPS workers are not required to warn you of this.

It can be difficult, but try to stay calm and polite when talking to CPS. 

It can be helpful to have your own recording or notes of what happened. You have the right to record your conversation, but you must make sure everyone knows you are recording. As soon as you start the recording, you must say, out loud for the recording, that the recording is being made.

Be sure to ask for the name and contact information of the CPS workers you meet with. You can give them your contact information and ask them to send you in writing any information they told you.

Do I have the right to a lawyer? 

Yes. You have the right to get legal advice and to have a lawyer present during this process. However, you will not be given a free lawyer unless the case goes to court.

If your case goes to court and a judge orders your child removed, the court will appoint a lawyer to represent you at no cost. But you do not need to wait for court. You should seek legal advice now:

Can I find out who made the report against me?

If the case against you is unfounded, meaning CPS did not find that abuse or neglect occurred, you may be able to find out who made the report against you. 

You can file a petition in Circuit Court to find out, but this is only if you have evidence that the report was made in bad faith. A person who reports to CPS does not have to give their name, so you could do this and still find out that the reporter was anonymous.

What happens after the first contact with CPS?

Once CPS receives a report, they decide what kind of response is needed. There’s a few possibilities:

  • If they do not find evidence of abuse or neglect, they close the case. A record will stay on file for two years.
  • If they think the family may need support, they open a Family Assessment.
  • If they think abuse or neglect may have happened, they open an Investigation.
  • If they think a child is in immediate danger, they can remove the child right away without a court order. This is called an Emergency Removal, and a court hearing must happen within 72 hours.

Read more: Family Assessments and Investigations

Emergency Removal: What Happens If CPS Takes My Child?

Where can I find legal help?