Can CPS or social services take your child from you if you're homeless?

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asked Nov 29, 2019 in Law Enforcement/Police by tupanicki (300 points)
Can CPS or social services take your child from you if you're homeless?

2 Answers

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answered Nov 29, 2019 by Minty (132,850 points)
CPS or social services can take your child from you if you are homeless and actually living on the streets because that would be considered neglect to the child or children even though it's likely not your fault for being homeless.

If you're homeless and living in a shelter then no CPS should not take your kid or kids from you as long as they are being provided for.

If someone reports you to child services and you're living in your car or other vehicle or living directly on the streets then CPS can take your child or children but if they are being provided for they may try to get you help first by having you go to a shelter.

My sister worked for CPS and hated taking children away and would first try to get someone who is homeless some shelter first and have them go to a homeless shelter with their children before she would even try to take the child or children away.

But some CPS workers are not very caring at all and would want to take a child or children away as soon as possible.

If you're homeless with children try to go to a homeless shelter even though it's embarrassing and do your best to get a job if possible.

Take any job that might come your way and then try to get a travel trailer or cheap motorhome to live in which would be much better than actually living on the streets.
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answered Sep 27, 2022 by 302timease (5,180 points)
CPS can show up at any time day or night and they do so without notifying you beforehand to catch you off guard.

At night and other odd times the CPS figures that you're home so that's why they tend to show up during those times.

But if CPS showed up at my door I would not even answer the door because at night I don't like to be disturbed and they can come back the next day.

The CPS can also show up on weekends and sometimes holidays because I remember one time CPS showed up at a neighbors house on Christmas day.

I didn't think they worked on that day and it was a surprise but they did although the neighbor told them to leave and didn't let them in.

When the child is at school the cps doesn't need your permission to speak with your child and they can speak with your child at anytime as long as they are not at your house.

If they come to your house they need your permission to talk to the child unless they have a warrant.

But at school they can freely talk to the child.

CPS can talk to your child without you being there but they cannot force you to stay away while they talk to the child.

Such as they can't show up at your house and demand they talk to the child alone.

You can let the child talk alone to the CPS worker but you should not do so because if you're not doing anything wrong they can get the child to say things they didn't really mean to say.

Unless the CPS has a warrant to talk to the child or a warrant to take your child then no you do not have to let CPS talk to your child.

In fact if the CPS has no warrant you should never let the CPS talk to your child especially without you being there as the CPS can get the child to say things against you even though the child doesn't mean to say something against you.

The CPS will want to twist the child's words.

If you do let the CPS talk to the child always do it outside and stand right there with them and never let the CPS intimidate you.

You have every right to be with your child while he/she is being questioned by the CPS.

For CPS Child Protective Services to take a child or children away from your home they need sufficient evidence to remove the child from your home and from your custody.

A CPS worker cannot just show up at your house without a warrant and then take the child from you.

Some CPS workers will show up with police and use the police to intimidate the parents so that they let them inside the house.

Remember though that the police officer just shows up with the CPS worker for the CPS workers protection and is not there to force entry unless they have a warrant signed by a judge.

So never let the CPS inside your home without a warrant because once you do they can and will do whatever it takes to find something to remove your child over.

It could be as simple as some dirt on your floor or your house not picked up properly.

Also never let your child go talk to the CPS worker alone because they can get the child to say things they shouldn't and when they record what the child is saying they can edit that recording and try to make it sound like the child said something against you.

Now if you're actually abusing the child in the CPS view or the polices view then they can take the child without a warrant.

But other than that if they do not have a warrant to enter your home or a warrant to take the child from you then no they cannot take your child from you without the warrant.

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