Quick Answer: Can You Sue Child Protective Services??

If you want to sue Child Protective Services in federal court it is best that you hire an attorney.

If your Child Protective Services social worker or caseworker claims to have immunity from prosecution, don’t believe it!

There is no immunity for CPS under federal civil rights law.

Can you sue CPS for emotional distress?

However, emotional distress alone does not give you the right to sue CPS. Since CPS social workers are government agents, they cannot act in ways that violate your established civil rights. When that happens, you may be able to sue for monetary damages.

Do I have to let CPS in my house?

DO NOT LET CPS INTO YOUR HOME. CPS has absolutely no right to enter your home unless they have a warrant signed by a judge. The only reason a worker can enter your home without a warrant and without your permission is if they are accompanied by a law enforcement officer.

Are CPS cases public record?

Members of the general public often contact the OCO with questions about a Children’s Protective Services (CPS) investigation of alleged child abuse or neglect. CPS records are confidential, but certain individuals may obtain copies of CPS case files upon request.

Can CPS talk to my child alone?

If a CPS worker wants to interview your child at your home, they must ask your permission. They cannot speak with your child at your home with you present without your consent. If you say no, they will not conduct the interview. (There are reasons, however, why you should cooperate—there’s a section about this below).

Can you refuse CPS?

But refusing entry to CPS will not end the investigation. In an emergency, CPS can also return with the police without a court order. If you’re confident that there’s nothing to be seen in your home that raises red flags, you may want to allow entry, since denying entry may make the worker see you as uncooperative.

Photo in the article by “Wikimedia Commons” https://commons.wikimedia.org/wiki/File%3A2017_CPS_Income_Distribution_CA_minus_US_with_CE_Poverty.png