Has not allowing CPS in ever really worked?

[donmiller]

I see a lot of articles written and advice given here and elsewhere that boldly states "don't let them in, make them get a warrant." My question is, are there any real life people here who can say that this tactic actually worked for them? We are in the middle of a nonsense investigation and worker wants to come out to the house.

I paid an attorney a la' cart for an hour of time to ask them if telling them to get a warrant was in my best interest or to just let them in and was told that if I don't have anything to hide that it would be better to just let them in since telling them to get a warrant will only create animosity and suspicion and that because CPS lies and fabricates so much stuff that they would probably get the warrant anyway and then be way more aggressive toward us.

It would be nice if we lived in a world where a neutral and detached magistrate would only issue a warrant under strict probable cause but I know that's not the real world, so I was curious if there are any real life CPS encounters where people have told CPS to get a warrant and they actually went away and closed the case?

[family_man]

In our CPS investigation last year for alleged child abuse, my wife wouldn't let the agent in on the initial visit. The agent respected her 4th amendment right and didn't pressure her to get in. My wife did agree to bring the family into the agent's office the next day to be interviewed. We brought our attorney with us, and she was present while all family members were interviewed. The agent minded his Ps and Qs, and the attorney cast the facts in a way that was in our favor. About two months later, the CPS agent set up an appointment with us to see our home. By that time, everything was in order and we agreed to let him in. A month after that he closed the case, but we didn't find out about it until 3 months after the home visit.

In this instance, not letting him in on the initial visit was the right thing to do. These unannounced intrusions should be kept to a minimum if at all possible. There was no animosity on the part of the agent noticeable. The matter never came to the attention of the court.

[perfectly_flawed]

My sister, back when her daughters were young children, refused to allow the worker into her home. Instead, she insisted that the worker meet them at the pediatricians office to see the kids. It worked well in her favor, having the kids doctor there during the interviews and able to put his opinions on record.
I allowed the case worker in when they showed up with accusations about my son. To this day I wish with all my heart that I'd refused them. They took minor things and twisted them to make me seem like an awful mother. Small things, like breakfast dishes still sitting next to the sink and a small pile of laundry in the bathroom from my son's bath. If I hadn't allowed him in, maybe my son and I wouldn't have spent just under 8 years apart.

[vau58]

I was in law enforcement for nearly 20 years and I assisted in co investigations with CPS on suspected child abuse and neglect. I went on so many co investigations that I learned the laws. There is a reason why CPS brings law enforcement during co-investigations. The reason is that only law enforcement has the power to take children into protective custody. I made enemies in CPS because I refused to take many children from their parents. If CPS shows up at your home wanting to see your children, have the children go to a window so the CPS worker can see them. CPS will try to bully their way into your home, but don't let them without a warrant. When they leave contact an attorney that has experience in dealing with CPS. Having an attorney will back off CPS in most cases depending on the severity of the accusations.

[noroses4u2c]

I tried to make them leave, but they forced their way in anyway and started taking pictures. No one cared about my rights. There were two social workers at the same time, so I was outnumbered.

My daughter was taken the same day.

[MaggieC]

I never let them in but they did see and speak to my child outside of our home.

They continued to ask to come in but it never happened.

I had the advantage of having attorneys at my side from the getgo.

We did prevail with our case.

[family_man]

I could add that in the opinion of my attorney, had my wife had refused entry to the CPS agent on our first major investigation in another state, it would have saved us 3 1/2 years of hell. This is not to blame my wife. The agent "pushed" her way into the house without clear consent and secretly took pictures without her consent.