If you're going to fight CPS, you need to know how to defend yourself during the first 30 seconds of your CPS Interview. We highly recommend that you have an attorney present during any CPS Interview, but if you decide to go it alone, then there are a few things that you need to know.

Chapters:
00:00 – Intro
00:38 – First 30 Seconds of your CPS Interview
01:21 – How to Start Your CPS Interview
02:58 – Protection of Rights, Not Criminals
03:30 – What Questions Will They Ask?
05:39 – What are the 5 Rules for Answering Questions?

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There’s a knock at your door and on the other side is a CPS Investigator. The investigator says that they’ve received an allegation that you’ve committed child abuse or neglect, and they want to ask you some questions. Do you know how to answer their questions? Do you know what questions you should refuse to answer during your CPS Interview?

Even though we highly recommend that you have an attorney present during any CPS Interview, we understand that not everyone can afford to hire an attorney at a moment’s notice. If you decide to go it alone, then there are a few things that you need to know. Also, you need to know how to defend yourself during the first 30 seconds of your CPS Interview.

The First 30 Seconds of Your CPS Interview

The first 30 seconds of your CPS Interview are the most important. CPS Investigators have repeatedly lied to parents to gather incriminating evidence, and then used that evidence to place children into foster care and initiate criminal charges.

To protect yourself, you need to record everything. Even if the CPS Investigator objects to the recording, you’re still legally allowed to record them using video, audio, or both.

Texas is a oneparty consent state when it comes to recordings. As long as one party to the conversation consents to the recording, then the recording is legal. The one party consenting to the conversation can also be you so don’t let the CPS Investigator tell you otherwise.

See Unlawful Interception of Oral Communications – Tex. Pen. Code § 16.02

How to Start Your CPS Interview

Before we get into the questions that the CPS Investigator will ask you, let’s discuss the questions that you need to ask the them.

You need to ask the CPS Investigator to tell you exactly what the allegations are against you. Take your time during this portion and be thorough. Take very detailed notes and force the CPS Investigator to go slowly and pointbypoint.

You’ll have to resist the urge to defend yourself or explain away the allegations. Remember, you’re trying gather information.

Use phrases like, “Just to confirm, you’ve given me a complete list of the allegations against me?”

Ask followup questions about the allegations.

For example, if the CPS Investigator says that they’ve received a report that you were using drugs, then get as much detail as you can about the specifics of the allegation. Ask “did the reporter say when this allegedly happened?” “did the reporter say where this allegedly happened?” “did the reporter say how they learned about this alleged action?” “did the reporter say whether they had personally observed the alleged action?”

Your goal here is to learn everything that CPS knows about what the reporter alleges that you’ve done before they can change their story.

One thing that you will NOT learn though is the identity of the reporter. Legally, CPS is not allowed to disclose this information.

–See Confidentiality and Disclosure of Information – Tex. Fam. Code 262.201

What you CAN ask though is whether the reporter is a professional reporter (teacher, doctor, counselor, etc.).

The reason it is so important to learn about the allegations against you is because the allegations will guide the rest of your CPS Interview.

Protection of Rights, Not Criminals

Our goal in sharing this information is not to protect criminals and child abusers. Our goal is to protect the constitutional rights of parents. If you’re a child abuser, then you should be caught and you should be prosecuted.

Children deserve our protection, and my goal is to educate parents because sometimes CPS attacks innocent parents. But it is terrible when a CPS Interview goes wrong and innocent children get swept into the system.

I have never once fought to put children back into a home that I believed was dangerous for them, and I’m not going to start now.

What Questions Will They Ask?

I can’t tell you every question that they’re going to ask you, but I can tell you the general categories. I’ve sat with countless clients during their CPS Interview, and they’ve taken anywhere from 30 minutes...

Music:
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