Understanding Your Rights During a CPS Investigation

It’s beyond unsettling to discover that your family is under investigation by Child Protective Services (CPS). Like other states, CPS in Colorado is an agency tasked with investigating suspicions or allegations of child abuse or neglect. Learning that you are the focus of this type of investigation is frightening, but it’s helpful to know your rights.

Understanding a Child Protection Investigation In Colorado

Child protection units in Colorado do not investigate every allegation of child abuse or neglect that’s made to their department. Instead, they assess the facts of every case and determine if a case warrants an investigation. Most allegations come from mandated reporters such as teachers or healthcare professionals. Some come from spouses during divorces with custody disputes. Other allegations come from neighbors and others who report suspected child abuse through the Colorado CO4Kids hotline.

You Have Rights During an Investigation by CPS In Colorado

A CPS investigation feels traumatizing, often for the involved children as well as parents. Fortunately, parents have robust rights during this type of investigation, including the following:

• You have a right to know the specific allegations against you that generated the CPS investigation, with details about the basis of the case and the exact nature of the investigation. CPS does not perform secret investigations on undisclosed allegations. Once you know the nature of the allegations you can begin gathering evidence and eyewitnesses to counteract the claim.
•  You have a right to legal representation by an attorney with experience in this area to protect your rights throughout the investigation, including during meetings, interviews, and a court appearance should it become necessary. Your attorney will help you to navigate the system and advocate for your rights.
• You may refuse CPS workers entry to your home unless the investigator has a warrant. CPS workers may not enter your home without a warrant if you refuse to allow entrance unless they have substantial evidence of an immediate emergency. It’s never advisable to allow them into your home unless they have a court order and your attorney is present, even if you have nothing to hide.
• You have a right to fair treatment with the appropriate regard for your human dignity.
• You have a right to confidentiality, CPS cannot disclose to others any information gleaned during the investigation except to other officials closely involved in the investigation.
• You have the right to be a part of the plan CPS develops to correct the situation or resolve any issues if their findings warrant intervention. This right includes having your child stay with a close family member or trusted friend if CPS removes them from your home.
• Finally, you have a right to appeal decisions made by CPS, including a decision to remove your child from your home if you feel that the decision was made erroneously or based on a misunderstanding or incomplete information.

Know and Assert Your Legal Rights During a CPS Investigation, Beginning with the Right to an Attorney

Knowing and enforcing your legal rights during a CPS investigation helps to prevent coercive tactics such as illegal searches and intimidation. Just as in criminal investigations, anything a parent says or does without representation during a CPS investigation can be used against them.

It’s highly beneficial to contact an attorney as soon as you are aware that your family is the subject of a CPS investigation in Colorado.