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Is CPS allowed to interview a child at school without parent knowing?

Discussion in 'Other Family Law Matters' started by Debb58, Oct 18, 2013.

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  1. Debb58

    Debb58 Law Topic Starter New Member

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    Is CPS allowed to interview children at school without the parent knowing ever until finally the parent finds out from her children coming home mentioning it and the parent calls CPS to find out whats going on? That's what happened to my daughter, I will call her Sally. My daughter Sally is divorced of 6 years and has been living with a great guy of almost 4 years. He is a hard working mechanic at the airport in Nashville Tn and they live in a tiny little sleepy town about 30 miles from Nashville. They are buying a house and the kids have stability and actually have a great life they never had when there parents were married and fighting all the time. The children are 6,8 and 10 year old girls. My oldest daughter, I will call her Sue was going to Sallys house a lot when she was living near by and Sue was never into the way Sally disciplined her children. Sue is more into pampering and time out to which time out doesnt work for all of Sallys children. One day Sue came over early before the girls were to get on bus and Sallys middle daughter, which she has a lot of trouble with couldn't find her coat because she never listens to her mom to hang it up by the front door and she was about to miss the school bus and Sally started yelling at her because it was cold out and her daughter misplaced her coat instead of hanging it up as usual. Well Sue got mad and then went home and told her partner that just finished college and now is a school teacher and is just starting her school year for the first time. Sues partner is on some head trip thinking she is to serve all children's rights now. Well Sues partner called CPS and said that Sally was abusing her children yelling at them all the time and all these others things that aren't true and she has no proof of either. Well we never really knew who called CPS but the things that were told are only things Sue would have said and known to tell her partner. Sally has friends but Sally doesn't tell tales either to her friends, she is rather private. That's now where it comes into play that the kids came home and told there mom that some lady took them all in a room at school and was asking them all kinds of questions and more then once. This person came to the school like every other month doing this and had interviewed them like 4 times before the kids mentioned it. Not once had CPS called Sally about anything they felt might have been going on in her house nor had they even come to her house to investigate. She didn't know anything was going on till one of her children mentioned it to her. She called CPS and they didn't know anything to tell her and said they couldn't find anything. Then an interview happened again and she called CPS and from there some lady set up an appt. and came on a Saturday. She saw things looked all good and that Sally had to take a urine drug test and set up an appt. time for her to come into CPS's place of business so Sally went and was ready to take this test since she has nothing to hide and the lady wasn't there so Sally went home and hasn't heard from them since. It's not up to Sally to keep calling there and trying to set up another appt. This lady failed to be there for something she felt was important , enough to be questioning Sallys kids a school. Now the school year has started back but no word from them still and this all started about last Jan. 2013. Now this all started from Sallys older sister sticking her nose into her business and being mad because she wanted a few years back to adopt Sallys middle child she is always having problems with and Sally wouldn't allow it. Sue had taken her in during Sallys ruff time after leaving her husband for a few months to which Sally had her during the day when Sue was working anyway, and now Sue feels she has some claim on her. I know,... a bunch of family mess. Now how can CPS interview that many times without at least contacting a parent and is this legal? Is it legal to do such a thing without representation over just a an anonymous phone call? I can see doing one interview but at school? Sally lives in a very tiny gossipy town and imo is just not cool. People talk and things get out of hand as people then reword everything as it gets said by person to person not to mention how bad it looks for Sally at school that does go there and volunteer her time. There has to be some lines that CPS crosses that isn't legal. And then for this lady from CPS to never come back or even call. My daughter and I feel , what of the children were being abused they haven't even followed up on this. Such a failure both ways in the CPS system. My daughter Sally is a good mother and isn't abusing her kids and yelling at a child isn't abuse when they deserve it. When I say yell I mean talking loud because your angry at the time and then its over. What parent hasn't done that? Interviewing that many times without contacting a parents,....is this legal and if so is there a line they cross that isn't legal? They can't just do whatever they want and ruin lives can they? I am just a concern grandmother that thinks this reeks really bad.
     
  2. army judge

    army judge Super Moderator

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    Wow, what a cool internet story, madam.

    Anyway, CPS does pretty much what they can get away with.

    What surprises me is that kids didn't tell mom the FIRST time thst they came slithering around, bifurcated tongue sniffing the wind, seeking whatever dirt they could find.

    Anyway, if mom believes her rights have been violated, she should speak with a local attorney and discover what options exist to right her perceived wrong(s).

    Other than seeking a VERY EXPENSIVE and ELUSIVE remedy in court, mom hasn't got much from what you've said.

    Mom should speak with her kids and make sure they report everything and speak to no one unless mom or dad are present.
     
  3. shrinkmaster

    shrinkmaster Well-Known Member

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    CPS almost always talks to child/ren prior to parents having knowledge its the norm. They do this in an effort to get unprovoked honest answers. Your chil/ren can refuse to speak.
     
  4. Betty3

    Betty3 Super Moderator

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    I know CPS does talk to children at school without the parents consent/without the parents knowing. The children need to be told not to talk to anyone unless a parent is present.

    If it is believed any rights were violated, then talk to an attorney as army judge suggested.
     
  5. Proserpina

    Proserpina Moderator

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    I will cautiously disagree on one point; sometimes, talking to the child unannounced and without a parent present can actually protect the child if the parent is abusive. It could the safest chance of the child opening up.

    :)
     
  6. shrinkmaster

    shrinkmaster Well-Known Member

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    If CPS is talking to the child at school then the concern is with something at home more than likely
     
  7. Betty3

    Betty3 Super Moderator

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    I definitely agree with that. However; if the parents don't want them talking to anyone w/o a parent present, they are going to have to tell the children not to say anything unless they can have a parent present. They can ask for a parent or refuse to say anything though that may not have the best outcome.
     
  8. Betty3

    Betty3 Super Moderator

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    I was replying to Proserpina -shrinkmaster, your post wasn't there yet when I started mine but you got yours submitted off first. We were typing at the same time. However, I agree with what you are saying also.
     

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