CPS question?

Question

I called the cops on my husband tonight. I have never had any experiences with him being violent before, but he hit my 4 year old today and left marks. I couldn't take the chance of it happening again, so I called him in.

They arrested him, but the cops asked to look in my fridge and asbentmindedly I said yes without realizing that I had run out of milk earlier and the fridge had quite a bit of beer in it from my family having Christmas dinner here earlier. My dad came and got his beer now and brought me a gallon of milk, but the cops kept saying my priorities werent right because I had beer and no milk and because there weren't sheets on my daughters bed (They were in the washer- she peed) they also called me neglectful because my 4 year old was in a pull up (It was night time she always wears one at night) and pretty much implied that I was a bad mom and that CPS was coming tomorrow. I've cleaned the house top to bottom, I now have milk. The beer is gone. (continued)

I have my daughters both sleeping on my bed in my room because it's closer to the central heat vents (another concern the police had was that their room wasn't warm enough).

I'm prepared to do anything CPS asks me to do tomorrow, but I'm scared to death they're going to take my kids away from me now when all I was doing was protecting them. WHat more can I do to make sure it doesn't happen? I'm not a bad mother. I've had a rough several months and I got overwhelmed but this is a wake up call and I want to do better for them. How can I convince CPS of this?

Also, I've been a SAHM, so I don't have a job- is this going to be an issue? I plan to start looking for a job this week.

I'm in Tennessee.

There's no leaving involved. He's in jail tonight and he isn't coming back here. I could never trust him alone with the kids again.

Answer 1

CPS will not take your kids away without an immediate threat to their welfare, or after numerous warnings about other issues.

Even if everything you say was observed, that would warrant a safety plan at most, and perhaps an unannounced follow up visit. It would not be grounds for alternate placement of the kids.

I hope you are serious about the job, it will help you become independent in case you decide to leave.

Answer 2

CPS is not going to remove children unless there is real proof that they're being physically, sexually or emotionally abused. If the kids appear healthy and you have plenty of groceries then you'll be fine. The police probably called CPS to investigate the father's abuse. Since you were the one who called the police to report the abuse that shows that you don't tolerate it. Had someone else called then you might have had a problem with CPS. I wouldn't worry about the pull-ups, lots of 4 year olds sleep with them. You should be fine.

EDIT: If you don't want your husband coming back then you need to file an order of protection against him. It's similar to a restraining order and lasts for a year. Check Tenn child law to verify that.

Answer 3

You won't have your kids removed for any of that. CPS may come to investigate, but running out of milk and having beer in the house isn't neglectful.

Cops can make a referral to CPS, but ultimately the decision rests with CPS, and they have guidelines to follow. Please don't make yourself ill worrying, although I know it's a stressful situation.

Answer 4

CPS will not remove your kids from your house unless they feel there is an imminent threat to their safety. It is standard procedure for them to look around the house and ask you questions about minor problems, just to see if anything more substantial turns up. You have nothing to worry about.

Answer 5

I hope you are not in Texas. CPS in Texas loves to make a big deal out of things that are not a big deal and then they completely drop the ball on actual cases of child abuse and neglect.

My advice to you would be to contact a good lawyer before CPS contacts you. Get advice and be prepared to fight if you have to. I hope, for your sake, that you are not in Texas.