If the parents prior to any cps investigation send the school a hatch ammendment letter stating any interviews or such of the children in a non academic nature is strictly prohibited and the school does not have permission to grant such authority without first notifying the parent or lawyer or parent must be present befor any such interviews are conducted out of a non academic nature , yes cps can invetigste and interview your children, however if you issue a hatch ammendment letter to the school, superintendant of the schools and teacher and send it certified requesting it be made a permanent part of your childs file CPS can ot conduct the interview until you or your lawyer are present. If they do and you have a hatch amendment letter on file you can sue the school and cps for violating your constitutional rights. CPS has no legal authority and you can prevent them from interviewing your children at home or school but with probable cause they may have a court order you to let them interview the children: NOTE: all interviews with children MUST BE RECORDED. MAKE SURE IT IS.
2014-10-28 02:10:15
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answer #1
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answered by Abraham Garza 1
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Yes they can. I know this because they have done is to alot of people, and when I talked to them my self about it, it was shown to me that in most cases they are allowed to talk to the children at School where the "Parents / Abuser" are no place near the child and can not influance the child's responce.
Be careful when dealing with CPS, they have the power to make you guilty even when your not.
If your spouce was abusing the child, and you did not call the police in the same minute it happened then you are also the blame and will be founded guilty because you didnt "protect" your child. I can not even tell you how often that happens here in NY.
On the other hand if you dont report all the cases of abuse then the spouce or abuser gets away with the crime.
I feel they should create different rules to support the reporting person so that the child gets the protection they need, the parent or caregiver gets the support they need and the abuser gets what's coming with out the "reporter" getting in trouble as well.
Please take care in what situation it is your dealing with.
2007-01-27 06:23:03
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answer #2
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answered by Me 4
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CPS can do anything they choose to do EVEN if it's wrong.. I know that from experience.. My son was in a Mental health facility.. I went there for a family counseling session.. CPS came in and interviewed my son (without my permission).. by the time they got thru, he was depressed, angry and refused to participate in therapy.. I still don't know what they told him.. probably that mom was bad. I have a lOT of horror stories with CPS but I can tell u that they can talk to ur kids w/o ur say so
2007-01-25 13:50:50
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answer #3
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answered by chilover 7
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NO THEY CANNOT. I don't care what the 8th year of law enforcement "best answer" says. The fact is law enforcement personnel and CPS or whatever they are called in your state, break the law everyday! Not just any law but Constitutional Amendments afforded to you the general public by the forefathers of this country. The Constitution was written to protect the people from an overbearing government. However the government uses terrorism and fear tactics to accomplish what they want. Allowing your children to be interviewed at school breaks your rights and theirs. It also opens CPS, the school and the state to a lawsuit. "The decision of the 7th Circuit Court of Appeals found that this practice, i.e. the "no prior consent" interview of a child, will ordinarily constitute a "clear violation" of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution. According to the Court, the investigative interview of a child constitutes a "search and seizure" and, when conducted on private property without "consent, a warrant, probable cause, or exigent circumstances," such an interview is an unreasonable search and seizure in violation of the rights of the parent, child, and, possibly the owner of the private property."
2015-04-11 11:29:52
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answer #4
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answered by Stefanie Jensen 1
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My five year old granddaughter - first time in school - was told she had to go to a new home and can t talk to mom - dad - grandma . She s so afraid of going back . We have rights and the CPS here in Pa are taking kids away from family. I had to do a criminal background check for the school so i could go on trips. I will go to JAIL before i let anyone take her from this LOVING family .
2016-11-24 19:37:29
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answer #5
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answered by Chris 1
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Yes-without the parents' permission. They have to get permission from the administrator or principal at the school.
(At least that is how it works in Ohio).
2007-01-25 14:11:02
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answer #6
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answered by ambr123 5
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Yes. If they are not under arrest and in the custody of the police, yes police may question a child in regards to an abuse or neglect case and even regarding knowledge of a criminal case. If the child is not free to leave the meeting, he is in custody, therefore the questioning must stop.
2007-01-25 13:49:03
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answer #7
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answered by Rhode Island Red 5
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I believe that they do not need a parent's consent but you are allowed to refuse to talk to them without a lawyer.
2007-01-25 13:38:27
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answer #8
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answered by politicsforthefuture 2
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2017-02-17 08:43:59
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answer #9
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answered by ? 4
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They did it to my kids, and then dragged one of them off!
2007-01-25 14:56:59
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answer #10
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answered by Brigid O' Somebody 7
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