What CPS Can Legally Do During Investigations

Divorce, Family Law, Lawyer in McHenry County

Many parents don’t know anything about Child Protective Services, and this ignorance has led to many of them making irreversible mistakes. By learning about this organization and what they are legally allowed to do; you find your mind at peace.

Undoubtedly, CPS taking your child away can be a frightening thought. No matter how bad a parent is, having your kids get taken away can be hard to bear. But if you’re under investigation, you don’t need to worry or panic.

Take note that CPS isn’t out to villainize or discriminate against parents. Instead, they are only seeking your child’s best interest. Without wasting time, here are things CPS can legally do.

  1. Investigation Of Every Claim

It doesn’t matter if the request is false; CPS makes it a duty to investigate and be sure about claims they receive. Some claims can be wrong and frustrating to parents, especially when taken out of context. But since emotions don’t reach a verdict, every request is thoroughly investigated and taken seriously.

As a parent, it is essential you know your right and how to comport yourself during the investigation. Even when most of the claims are right, it isn’t the end of the world as parents are humans and prone to mistakes.

  1. Talk To Your Child Without Your Permission

It often comes as a surprise to parents, but CPS can talk to your child without your consent. Depending on the seriousness of the claim, they might want to speak to your child first before they talk to you.

It ensures that the child is not persuaded by his or her abusers to lie or protect them. Child Protection Services understand families’ complexities, so you don’t have to worry about them taking things out of the contest. But if they do, hire a lawyer to help you with options.

  1. Come To Your House Without Notice

CPS is known for unannounced visits, especially in cases where there are severe or violent claims. Sometimes the claims may not be serious; you still wouldn’t know when they are coming.

If they do come and unfortunately you’re not around, they often leave a contact detail for you to schedule another visit. If you have an idea that CPS is onto you, the best thing you can do is be ready whenever they show up unannounced.

  1. CPS Can Terminate Your Right As A Parent

If, after the investigation and it was found that the claims were valid, CPS has the right to take your child away, even terminate your right as a parent.

This is usually a last resort and happens if the social workers see your household as a threat to the child. If you think you’re housing your child under an unfavorable condition, get to your lawyer immediately to help you with a few options.


Every parent fears to watch as CPS take their child away. It doesn’t matter whose fault it is, as it can result in sadness and bitterness. The least you can do is ensure that your child is raised in a good home and under the right influence.

Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.