This is my first post and the 1st time I’ve see this site. My 7 yo son is being accused of kissing the belly of a 4 yo at daycare. The child mother went straight to the Police Dept who showed up at daycare with a CPS worker and barged their way into the daycare. They refused his father to be there when he was questioned. the police showed him something saying they had the right as this is a “well child” visit to make sure everything is ok. I told my 7 yo to say nothing but the daycare lady told him if he wanted to speak to them he could and no adult was there as they questioned him. IS THIS LEGAL?
retdwin
They do not have the right to interview a child without the parent, unless there is a court order. You should place a notice of file with the daycare that no one is to have access to your child, without a parent present.
Call an attorney now.’
~Annette
I’m trying to find an attorney and my boss told me to find one that is not in Oak Harbor WA. Any suggestions?
Your boss is correct! Ideally, you would hire an attorney from a nearby county, not one who regularly practices in the same county you live in.
The reasoning behind is that they are more likely not to have long-term relationships within the court. So, hopefully your attorney won’t be scratching backs.
I recommend you join a Washington yahoo group for parents of those affected by CPS. You can find links on our Washington page. You should be able to get recommendations there.
http://kidjacked.com/states.asp?st=Washington#resources
There is also a listing for Pro Bono programs, do check that out.
~Annette
Here is one group.
Washington Family Rights
http://groups.yahoo.com/group/wa_fra/
~Annette
http://Kidjacked.com/
Actually, they CAN interview the child without another adult present. Many times they will come to a school ot the sort when parents are not there and interview the child if the supervising adult gives them permission.
CPS interviewed 4 of my older children individually and privately while interviewing me in my kitchen, and you have the RIGHT to be there if you ask- but they can be sneaky.
By LAW CPS knows their rights and yours, even if you don’t.
If you were denied the right to be there, your rights have been violated and I would contact a lawyer.
A really good site to visit also on how to address CPS and follow your rights is here http://www.justicewomen.com/tips_bewarechildprotectiveservices.html
It’s aimed at women being targeted as a result of a domestic abuse situation, but it has general rules to follow regarding:
~ How to Address CPS
~ Writing letters to CPS and documenting situations
~ Photographing and videotaping interactions and investigations
Good luck!
http://my.kidjacked.com/naiveinnocence/
Jynuine – Just because they do things or CAN do things, doesn’t make it legal. CPS agents often show a complete disregard for the law and have been sued many times because of it.
Parents concerned with schools giving CPS agents access to children can give a signed written notice to school officials, NOT to allow anyone access to their children. Unless the judge is corrupt, it should hold up in court, if school officials disregard it.
Of course, the best solution is to pull your children from school.