I’m of the opinion that you must appear cooperative to CPS at all times. If you tell them to go get a warrant, they are going to go get a warrant. If they go get a warrant, you’ve already started the wheels of the court system in your life. The best thing that you can do if CPS comes to your home and you aren’t ready to speak with them is to politely ask to schedule a return visit the next day or in a few days. You want to manage them at the door without forcing them to go get a warrant and buy yourself some time. Then, find an attorney. Answer all CPS questions as best as you can, being first advised by your attorney on how things work and how to answer in a way that will address their concerns.
It’s better to deal with CPS in a friendly, open way than to slam the door on them and tell them to get a warrant. You are really poking at the bees’ nest with that approach and there is a better way to do it. I recently had a case where my client took the refusal to talk to the CPS approach. They filed a petition against her and her family to protect the children. She ended up paying me to represent her in court three times. Sometimes, a molehill can turn into a mountain, if you’ve got the wrong attitude.
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