CPS Interviewed Child

Updated on November 21, 2007
K. asks from Richardson, TX
16 answers

I just found out that my child who ois three years old was interviewed by CPS while at his daycare yesterday. Apparently , a mother made a report to CPS that my child inappropriately touched her 4 or 5 year old daughter. Does anyone know if they can interview my child without my knowledge?

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L.

answers from Dallas on

Yes, they can. But they should also follow up/investigate you afterwards. You should expect to hear from them any time now.

CPS interviewed my child while at a Mother's Day Out program because of a "bruised" looking spot right at the top of her buttocks. However, because I am Asian (daughter is 1/2 Asian and 1/2 Caucasian) this sometimes happens to Asian decent children called a "Mongolian Spot." Luckily, I had already inquired about it at her pediatrician's office and so they had it already on file. However, CPS interviewed and examined her without my knowledge and then came to my place of employment and my husband's (at the time) employment. Then they sent us a letter informing us that it had been closed after reaching the conclusion that it was in fact just a "Mongolian Spot" and her environment did not appear to be a harmful place.

Good luck. If you don't hear from them, perhaps you should call them and express your concern...???

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T.T.

answers from Dallas on

Kristen,

Yes, CPS can speak to your child without your knowledge. I do hope though that the minute the interview started your daycare called to inform you. I would also find out from my daycare, if they knew of these alligations ahead of time and if so find out why they were not addressed with you, that would also be highly unappropriate. I'm so sorry for you, I hope your 3 year old is doing okay.

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T.G.

answers from Dallas on

K.,
Yes, they can! My ex husband falsely made accusations against me, less than one month after losing a custody battle that he waged. However, you do have certain rights, and calling a family law attorney for a consultation would show you what each of those rights are. There is actually a form that is filled out when we enroll opur children into daycare/preschool/public school that allows CPS to do this. I will tell you this though. CPS knows what is nonsesnse and what is truly a dangerous situation. My case was dropped less than 2 weeks after it was filed.

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C.V.

answers from Dallas on

yes they can! they interviewed my 8 year old at school. how emberrassing! but you know, its really good for those children who really need it. so we got to swallow our pride. trust me cps wil come to your house and everything, just be honest, i was freeking out because a neighbor said that i leave my 3 year old at home all alone everyday, while i take my 8 year old to play soccer. that was the craziest thing that ever happened to me because i have never ever done such a thing, plus i have never even left my 8 year old at home alone. ya know? it is normal for a child to do such a thing, we have tv and a horrible world. hope that is good advice. Don't worry, as long as you known your son is okay, everything will turn out in the end.

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L.A.

answers from Dallas on

They can and I will tell you why. Many parents will prep their kids by saying "tell them this" or "don't tell them that". Most kids end up telling CPS "my mom said i should lie about that..." In innocent accusations that is sad, but for children who really need it, it is truly a blessing. Remember, 1 out of 8 children are molested, either by a family member or by another child. (usually children who do this to other children have been molested themselves). Think that the mother who's daughter was touched is only trying to protect her baby. CPS will be able to find if there is atually a case. It probaly was innocent, but wouldn't you like to know if something was really happening to your son behind your back that prompted this behavior? Hope it all works out.

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A.

answers from Dallas on

Hi K.,
CPS can absolutely talk to your child without your acknowledgement. It is weird to me too, but I do know for a fact they can do this. They also do it WITHOUT any staff of the daycare facility present. All they do is send a letter home with your child after the fact. Scary isn't it?

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M.K.

answers from Dallas on

First, CPS does NOT need a warrant to speak to you or to your child. Remember that they came to the daycare b/c you said another mother made a report. CPS is required to take every single report and investigate it. Not knowing what that mother did, what she SHOULD have done is approach the daycare director and discussed it with her and even asked for a meeting with all parties involved. Maybe she tried that and the person blew her off. Who knows. But when CPS gets a report, they have to investigate it. I would not take issue w/ CPS--ITS THEIR JOB TO PROTECT CHILDREN, that's why it's called Child Protective Services. Although your child probably didn't do anything wrong, they were only responding as they have to. That being said,
I would definitely take issue w/ the daycare. The director absolutely should have discussed this with you immediately upon them speaking to your child. I do know that when they come out, they do so unannounced, but still...the director could have called you when they got there. I would follow up w/ CPS and definitely question the daycare. Good luck.

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R.

answers from Dallas on

I don�t believe that CPS discovers the truth and is able to put these matters right every single time! There are documented cases of them getting it wrong (BTW- How many times has CPS come to your daycare in the past anyway?). Their work load is enormous and often very stressful. They are not infallible. They can make mistakes under pressure just like everyone else.
So keep your cool and defiantly get a family law attorney for a consultation. Be sure you know your rights before you talk to CPS. But also take everyone�s advice on trying to look at this in a positive light. Maybe your child shouldn't be in that daycare.
Be calm but don't over react, try to work with them without compromising your rights. Make informed and smart decisions. Never go into anything blind....
RPocai

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M.

answers from Dallas on

K.,

They can talk to your child without your consent and that is for the child's protection in case the child is in a harmful environment.

When my daughter was close to 3 her and two other kids were caught at their daycare showing each other their parts. One of them was a little boy. No one touched each other and the teachers caught it quickly. They met with each parent privately when we picked them up, explained what happened, and then talk with us and our child together. It is natural curiosity at this age. My concern with your daycare is that those age groups should not be together. Why is a 4 or 5 year old in with the 3 year olds? In my daycare experience, and my oldest is 14, I have never seen a school where these ages are together.

You can call CPS and they will put you in touch with the case worker. Calmly express your concerns and ask to meet with the caseworker as soon as you can.

As for the daycare, I would make sure the director has a really good reason for not telling you about the incident and the following CPS meeting with your child. You may even want to look into finding another daycare.

Make sure you talk to your son about this. I'm sure it is scary getting questioned about stuff like this without your parent with you. I hope he is ok.

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L.M.

answers from Dallas on

I would take my child out of that daycare and remember that you do not have to let them in your home or talk to them with out a warrant!

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A.G.

answers from Dallas on

I can't say for sure that I know whether or not CPS has to advise a parent prior or even after an interview with their child. I would assume it depended on the circumstance. The last daycare my daughter was in had this happen. The daycare was located on a corporate campus and an employee reported an incident she witnessed. Apparently one her of co-workers hit her child in front of several other co-workers. CPS interviewed the child at the daycare without the mother's knowledge. As far as your case I think the other parent is probably being cautious but it seems it was taken to an extreme. Good luck with your situation.

A.

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S.S.

answers from Lexington on

I don't have any experience in this subject but was interested to know what goes on out there. It sounds like you have gotten some good advice and in a nut shell, see an attourney and find out why the day care didn't let you know or try to handle it b/t the parents first. That would bother me. I also don't think you sound like you are freaking out or anything, it just sounds to me that you wanted some feedback on the deal. Hang in there, I know it will work out fine! Good luck!

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J.Y.

answers from Dallas on

Everyone has written good advice but I would talk to the director because that parent might have the problem child or the daycare might have made her mad its sad to say but some parents get mad at the daycare and just to get then back out of hate and anger will find any reason just to have CPS come out to the daycare. Or maybe her child did the wrong doing to your child I would definitely find this out. Also if the day care would have seen any wrong doing I would hope that they would have told the parents of the kids involved, you need to find out what they witnessed. And if they did see something then why didn't they tell you?? It could have just been some thing like they were playing and they fell and your little girls hand touch the other little girls private you need to really find out the story.. If the day care gets angry with you get angry right back you know your a parent and you want to know exactly what goes on with your kids. And if they are not talkative and you see that this will look bad on your child then I would get a attorney. I have worked in many day cares and have seen this over and over.. Just watch out for your kids some parents just make up stuff and don't realize the trouble and pain they are causing the other child and their family.. I hope this helps you.. Good Luck

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G.B.

answers from Dallas on

Hello K.,

Yes, CPS can. However, if there was an incident or situation, your Daycare provider should have notified you about it. Was there an incident? A report should have been filed and the Daycare provider should have notifed both parents to discuss and or see what the situation warranted.

It sounds kinda fishy to me. A child would not just inappropriately touch someone without at least a parent knowing about it. Most of this has some type of history to it. You need to get to the bottom of the situation and take it up with your daycare provider.

But yes, to answer your question, they can interview your child without your knowledge especially if someone has filed sometime of charge against the daycare provider.

Good Luck!

G. B.

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S.A.

answers from Dallas on

Dear K.,

Please do not be alarm by fear just yet. This is just a procedure measure of caution for your child benefit.
Your Day Care has to submit inappropiate behavior from other children inreacting with other children if they see unbecoming behavior that sends out a red flag. First,the CPS will contact you for a personal interview or just show up at your home unanounced. This is manatory that they investigate any and all reported incident whether or not true or falsely given to them. And speak to you on this matter in length. This process will take approximate 15 days to be completed. Now, if they do not find anything in their report that is distrubing, alarming or true this will be dismissed. They will write down all the facts and inquire with other known family memebers, friends and neigbors. They will question all members in the household accordingly. And inquire whom lives in the home with this child. Problably ask to see where this child sleeps, and other important questions which will surprise you. Now, if there is something they find undesireable with your childs home situation they will act on that on behalf of the your child sole interest. They are not there to take apart your family but for the purpose of the child safety. Please do not get on the defend and act without understanding the issues the Day care has reported. This is a behavior they must investigate for the benefit and well-being of your child. If, there is something wrong and this is something your child has seen or experience that will be capable of making a determination after examining all facts before acting upon it. Please do not lose your temper or your composure and take this matter to a level you will regret in future. Yes, this is something you should not take lightly though. But, think of it as a wake up call on how you live your lives as a family in your home and what your child part in the home.

Sometimes, we might offend or just understand why someone whom you trusted your child in their care would do something like this, but it could be something you say or done to one of the Day Care faculty that is a get-you-back situation. So, whatever the situation you must not let this situation make you lose it. Look at this ordeal as something you could most likely benefit froom before you jump to the conclusion and go off on anyone. Understand this might be a alert on how your choices plays apart in this situation. Everything that happens to a person could be a positive thing even when it appears to be negative against you as a parent. This is where you as a parent have the right to counteract after this investigation is over, legally. There is a law against reporting false information to use to harm your intergrity standards as a parent. But, if this is something is happening in the closet so to speak and you are not aware, this is a sure blessing to you as a parent. Please after this is over, look on the computer and look up law on reporting untrue statement. This is a slanderious act if this is found to be untrue act on your child behalf. But, I would problably take my child out of this Day Care immediately. This does not appear to be a Day care that is caring, that they didn't contact you first to let you know what your child's behavior.
But, if you look in a child's phycology book, children at young ages experiment and show they are curious at these ages. But, this act will also show if someone around your child is doing something to your child. So, please whatever the result do not take it lightly on that note. You are the parent whom is responsible for their safety. And I know without a doubt, you love your child. So, act accordingly because this is your child life, that will hurt in the future.
Protect you child future with all cost.

S.

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C.G.

answers from Dallas on

I just wonder how a three year old that is suppose to be being supervised inappropriately touches a 4 or 5 year old girl? Did this happen at the day care? Who witnessed it? I think it raises a huge flag as to the supervision of the children. By nature children are curious. We actually have a family friend who has custody of his daughter due to molestation in the mother's home. When that little girl comes to play we do not leave our children alone with her.
Also I would think at age 3 it would have to be pretty innocent, considering all parties involved were wearing clothes...so why would this parent just not make you aware of the situation? It just seems some information is missing and I'd want to know.
As far as them interviewing your children, obviously they can and I agree that this isn't always a bad thing. I just think that others should take into consideration the age of the 'offender'. 3 years old is a very curious age. It kind of sounds like this mother over-reacted a bit.

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