If CPS Comes to Your Door

If a CPS social worker shows up at your home, it's important to know your rights. CPS (known as the Department of Family and Children Services (DFCS) in Santa Clara County) is a government agency that has the authority to remove children and place them in foster care.

BEFORE YOU DO ANYTHING

Ask the social worker for the purpose of the visit. Request their name, phone number, and business card.

YOU CAN SCHEDULE FOR ANOTHER TIME

You have the right to schedule the conversation for the next day. If you do, try to have a family member, friend, or service provider present when you speak with CPS. You can also choose to meet in a public place or at the CPS office rather than your home.

If you cannot reschedule, call someone you trust on speaker phone so they can be present for the conversation.

YOUR RIGHTS AT THE DOOR

You have the right to refuse entry into your home if the social worker does not have a warrant. If they say your child is at risk, you can offer to create a safety plan instead.

If they ask to speak with your children, you can say no — unless they have a warrant.

Note: If you refuse to speak with social workers, you cannot be arrested. However, your children could still be removed.

DURING THE CONVERSATION

Request to speak in your preferred language and ask for all documents in the language you understand best. If you have a disability, request accommodations.

Do not sign anything without having an attorney review it first. Do not share more information than what is directly asked. Keep your answers honest and specific.

QUESTIONS TO ASK THE SOCIAL WORKER

• Do you see any risks to my child? Can you explain them to me?

• What steps can I take to decrease those risks?

• How many days do I have to consider my options?