What CPS Can and Cannot Do: An Attorney Weighs in

When a client sits across from me and whispers, “CPS is involved,” I see the fear flood into their eyes. 

And, if you’re reading this because Child Protective Services (CPS) has shown up at your door – or you’re worried they might – take a deep breath.

I won’t ignore the obvious. Yes, it’s scary. But it is not the end. 

In fact, I’ve walked this path with many parents – some of whom are battling addiction, some in recovery, and some just trying to do the next right thing. I’ve seen parents come out on the other side stronger, healthier, and fully reunited with their children. 

So, let’s clear the air and talk about:

• What CPS really is
• What CPS can and cannot do, and 
• How you can protect your family, your rights, and your recovery 

The truth about CPS (and the goal you may not know about) 

Let’s start with a simple – and sometimes surprising – truth: CPS’ primary goal is not to take your kids away. The actual mission at CPS is to keep families together whenever safely possible. 

CPS (it has different names depending on your state: DCFS or DHS) is a government agency that responds to reports of child abuse or neglect.¹ If someone calls them with a concern (it could be a teacher, doctor, neighbor, or even the other parent) they are legally required to investigate. 

That doesn’t automatically mean you’re a bad parent. It means someone reported something, and now CPS has to follow up. 

How long does a CPS case last? 

Most CPS investigations last anywhere between 30 to 60 days. During that time, they’ll interview you, your child, and sometimes others involved (like teachers or doctors). If they find the report was unfounded, they will likely close the case. 

If CPS believes there is a risk to your child’s safety, they may: 

• Offer voluntary services, like parenting classes or substance abuse support. 
• Create a safety plan, sometimes involving temporary custody with a relative. 
• In serious cases, petition the court for removal of the child – but remember, this is not usually their first step.² 

Now, if your case escalates to the court system, it may remain open anywhere from 6 months to over a year. It will depend largely on the circumstances of your situation.

I have helped clients navigate CPS issues in as little as 30 days. On the other hand, I am (as of May 2025) helping a foster family with a CPS matter that has lasted for the better part of the past two years. This isn’t a one-size-fits-all program.

The key is to remain patient and lean on the guidance of your lawyer and the compassion of your support system. 

What CPS can do ✅

There are many misconceptions and half-truths that concern the authority of CPS. Let’s tackle the facts. Here’s what CPS can legally do: 

• Investigate reports of abuse or neglect – even anonymous ones. 
• Interview your child – sometimes without your permission or knowledge. 
• Visit your home to check for safety issues (like running water, food, working heat). 
• CPS can request drug or alcohol testing if substance abuse is suspected. 
• Work with law enforcement if they believe a child is in immediate danger. 
• Create a case plan with services like rehabilitation, therapy, or parenting classes. 
• Ask a court to remove your child – but only with evidence and judicial approval. 

What CPS cannot do ❌

Over the years I have heard it all when it comes to fears about CPS. Oftentimes, my clients are emotional and fearful that CPS has a personal vendetta against them.

I can’t tell you how often I have had to counsel my clients not to take things personally. While it is important to understand the full scope of CPS’s authority, it is equally important to understand what CPS isn’t allowed to do: 

• Enter your home without your permission unless they have a court order or believe a child is in immediate danger.³ 
• Force you to take a drug or alcohol test without a court order or your consent (although, be mindful that refusing to consent, in some circumstances, may raise some eyebrows). 
• Remove your children from your custody without a judge’s approval unless there’s an immediate safety threat. 
• Make you sign anything – you have the right to review and even reject case plans (although in some situations there could be consequences). 
• Violate your constitutional rights – including your right to remain silent or speak with an attorney. 

At the end of the day, CPS must still respect your constitutional rights and abide by the law.⁴ Let me be the first to assure you, CPS is not “targeting” you or singling you out. They must receive proper court approval for most of their actions, which means they are usually only allowed to do what a judge allows them to do. 

What does it mean to be “red flagged” by CPS?

I mentioned above that CPS doesn’t single anyone out or “target” individuals. That’s the truth. 

However, I should mention that CPS can – and does – keep a record of your involvement in their system. If you’ve been involved with CPS in the past, if a caseworker believes you’re not cooperating, or if there are repeated reports made about drug or alcohol use, CPS may view your case with added scrutiny.

This additional scrutiny is called being “red-flagged” by CPS. It isn’t an official legal term – but it can be a real concern when you’re dealing with CPS. 

That’s why I am constantly reminding my clients to do one thing: be relentlessly polite. How you respond to CPS really matters. Make sure you show up. Be honest. Be accountable. If substance use has been an issue, own it – and show the steps you’re taking to make changes in your life. 

One tool that comes highly recommended for parents working through sobriety issues is BACtrack View. This remote alcohol monitoring program lets you test on your phone, document your sobriety, and prove your commitment. Not only can programs like BACtrack View help you change your life, but judges, CPS caseworkers, and other professionals trust the results. 

What you should never say to CPS

Sometimes my advice is worth stating twice: Be relentlessly polite. Words matter. 

When you are polite in your interactions with CPS, it can make a significant difference in the outcome (and timeline) of any CPS matter. I’ve helped clients who had relatively simple CPS issues transform into months-long courtroom dramas because they couldn’t contain their emotions or their words. Don’t let this happen to you – your children and your future are too valuable. 

While it may be tempting to be uncooperative, or even combative, with CPS, it is never advisable. Here are a few things you should never say when CPS is involved: 

• “I don’t have to answer your questions.” – Technically this may be true, but cooperation (with caution) goes a long way. 
• “This is all a lie and I won’t do anything you say.” – This type of combativeness usually escalates things quickly. 
• “I only drink a little to calm down.” – Even if you are being honest, it could signal alcohol dependency and result in you being “red-flagged.” 
• “I don’t need any help.” – Instead, I suggest you swallow your pride and say: “I want to do what’s best for my child, and I’m willing to learn.” 

If you’re unsure what to say, it’s never a bad thing to speak with an attorney first. Remember, it’s not a sign of guilt – it’s smart to seek wise counsel. 

What to do if CPS violates your rights

If you think CPS has violated your legal rights, it’s important to get legal help as soon as possible. Maybe CPS entered your home without permission or a court order, or maybe they removed your child without the blessing of a judge – in cases like these, you need the help of a lawyer. Your constitutional rights are not thrown out the window the minute someone reports suspected child abuse or neglect. 

With the proper legal assistance, you may be able to challenge CPS’s actions in court. The sooner you act, the better. Keep detailed notes and save any electronic communications (text messages, emails, etc.). You (and your attorney) will be better off when you document every interaction. 

The bottom line on what CPS can and cannot do? You’re not alone

If you’re working on sobriety or working to turn your life around, the road ahead may feel overwhelming. But I have witnessed some incredible transformations from people who felt overwhelmed. 

Parents can get clean. Families can be restored. Children can get their moms and dads back. 

I often think of a client from three years ago who had just been released from jail for some petty crimes. Upon his release he submitted to a court-ordered paternity test – where he learned (for the first time) that he had a two year old daughter in foster care.⁵ Day in and day out, this father’s singular focus was on improving his own life so he could provide for his daughter. CPS caseworkers, court-appointed counselors, and the state’s attorney all scrutinized him daily.

I’m proud to report that he made it through to the other side. He succeeded because he realized that CPS wasn’t his enemy. He understood that CPS was just a part of a system that – at its core – wants your family to heal and thrive. 

Let me tell you, if that father can do it, so can you. Show CPS that you’re serious about your sobriety. Use tools like BACtrack View to demonstrate accountability. Surround yourself with counselors, caseworkers, and attorneys who believe that redemption and restoration are possible. 

And whatever you do: don’t give up. 

Your child is worth fighting for. And so are you.