WARRANT TO COME IN HOME

[extasis213]

this is my second time being investigated by CPS. i wish id found this website the first time. i let them in my home. made the mistake of telling them id been in foster ccare and i didnt take these allegations lightly. she was kind. she saw both my kids rooms. she talked to my eldest son alone. she closed out the case as unsubstantiated. now there are more allegations. the thing is...i have an ongoing criminal case. so i was going to cooperate. talk to her again. but i did want her in my home. shes threatened me several times with a warrant. i told her she had to proof she said she didnt have proof these things didnt happen. i told her i appreciate her job but i know thats not how it works. what concerns me now....i told her i would meet with her and my children to talk but she could not come in my home. she already been, its not part of the new allegations and its not warranted. she said well my supervisor wont budge ill just get a warrant. can they do that? if the house has not one thing to do with the accusations will they give her a warrant to come in my home? i feel like im being harassed at this point not only by whomever is making these stupid calls but now CPS.

[extasis213]

PS IM IN CALIFORNIA

[tonymoo]

An honest judge given an honest statement from CPS would have no basis to issue a warrant. Then again, if they plan to tell the truth, CPS would know this and probably not even really try for the warrant. This will annoy CPS and make it very adversarial. That's not a bad thing but just something you should consider.

[extasis213]

yes ive considered that. and i know they lie. theres no email. i have a letter i want in my file stating my version and that ive offered to cooperate. that shes overreaching. are they allowed to lie and get away with it? i know that if they try to take my kid on that basis they would get one hell of a fight from me. who can i go to? whatever. i went to law school. for the most part i know my rights...and i politely told her as much. i wonder if warrants for these types of cases are public knowledge here as some ppl have stated they are in other states.

[family_man]

With CPS,it's impossible to predict what will happen. It may have been a bluff, and they'll just close the case. Or they may show up unannounced with the police, with a court order to take your kids into emergency custody. I'm not saying this is likely, but it did happen to ScaredMomInNY. (She got her kids back after about 4 months, if I recall.)

When my wife refused entry, we did try to cooperate with the investigation, and they later closed the case with all allegations ruled out. I think you did the right thing by not letting them in on a surprise visit like this. They should at least give you some warning they're coming! Most likely, they will need to see your home eventually. Work fervantly to get it up to par as quickly as possible, while you can!

[Frustrated]

If they actually come to your home with an actual warrant, do not let them in at all, instead go outside and insist that you read the warrant to make sure it's the real thing, you know an actual Judge that signed the warrant. look at the date, and signature and read the warrant of the descriptions to why they want to enter your home. If it's a fake, tell them to leave. Plain and simple! if they insisted they want to go in your home, and will threaten you with the Police, tell them to go ahead, because the Police would want to read the warrant. which CPS do not want the Police to find out. Illegal entry can land them into trouble.

Make sure your home is clean, and everything else just in case if they do come with a real Warrant. but most cases, they don't come with real warrants, but fake warrants to bluff you out. they lie alot...and threaten you. Know your Consitutional rights. Period. that's why they are there for.

[extasis213]

oh thank you all so much for the advice. ive been trying to keep the house clean but i stay home with a very rambunctious 2 year old, my worthless ex who cant clean up after himself to save his life, my 13 year old and my husband (who is desperately trying to help me keep things clean). its impossible. this is the 2nd call and she knows its BS. she showed up at my sons school yesterday ad i just found out today (he spent the nite at a friends). he didnt do what i told him to even tho i warned him. he talked to her. but thats so asinine because i offered to meet her after school with him and the baby so she could do her thing. i told her she just couldnt come in my house again. she saw it before. and thats that. so im assuming she was trying to get info from him to help her get a warrant? i dont know. but thank you. ive read some horror stories and i am scared. i dont have the time or money to fight CPS. and to think of them drugging my baby...oh i just cant even...ugh. its funny how they kids they send home get killed and they kids they keep either die or end up really screwed up. i was victimized in foster care. i wont let them do it to my baby. thank you thank you thank you.