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Does cps have the right to question a child at school without the parents permission?

Aurora, CO |
Filed under: Criminal defense

My 17 , soon to be 18 yr old son, is incarcerated for battery on another teen. After years of trouble with this teenager, I no longer want him in my home so they assign a social worker. Since his case is under investigation, his social worker showed up at middle school to question his little brother(without the parents permission) about his home life... Is that legal?

Attorney Answers 3


  1. Possibly and possibly not. It is always the best idea to have the parents present before an interrogation of a child. However, you are dealing with CPS and a social worker and not cops. So, THAT is a HUGE difference. The same laws and procedures do not apply to them. Contact a local attorney for a consultation.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.


  2. Very interesting -- law enforcement must have permission. CPS does not have to have permission.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. It's legal and not terribly uncommon. I would be pretty upset about it as well. Counsel your children to always tell CPS or law enforcement that they want their parent or an attorney present.

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