Child Protective Services (CPS) investigations can begin quickly and without any warning. In cases where CPS workers need to determine if a child is in an unsafe environment and whether their parents or guardians meet their needs, CPS workers may show up at a family’s residence.
They may attempt to enter, hoping to conduct an inspection and speak to the children and caregivers present. CPS has a timeframe in which they need to see children.
When do CPS workers have the right to enter private property?
Never; In Washington State, CPS does not have any legal authority to enter a private residence.
- If you refuse to allow CPS to see the children, CPS will likely return with either a pick-up order or with law enforcement. CPS may opt to visit the children at their schools or childcare centers instead of at your home. CPS can speak to your children without your permission.
- CPS may obtain a child pick-up order from a judge. If CPS arrives with an order authorizing the removal of the children, then you must comply. Ask for the opportunity to provide names and contact information for trusted adults or relatives who could care for the children until the next court hearing.
- Law enforcement may indicate that they need to do a welfare check (or perform community caretaking function) for the children in the home. Law enforcement can only enter the private home if they have reasonable grounds to believe that someone inside is in immediate danger – that there is an emergency related to health or safety.
- Law enforcement has the authority to place children in protective custody without a court order. If this occurs, you should comply but request to provide names and contact information for trusted adults or relatives who can care for the children.
- Law enforcement can enter your private home when they have a warrant signed by a judge.
When they have permission
- CPS professionals often count on the voluntary compliance of individuals. They show up and ask to come inside to inspect the home and discuss the children’s circumstances. Anything you say to CPS can be reported to law enforcement and will be documented by the CPS worker in the open case file.
- There are times when it is appropriate to cooperate with a CPS visit. It is necessary to consult a lawyer to determine the best way to address CPS. Individuals who are aware of their rights and the limitations on the authority of CPS workers can avoid scenarios that put them at risk of claims and possible child removal efforts.
Parents facing CPS investigations and related legal action may need help responding. Discussing a CPS investigation or open case with a legal professional can be beneficial for concerned parents and guardians.