You can tape anything you want. The question is how the recordings can be used and whether they are admissible in a court of law. If CPS wants to listen to them, they certainly can do that. If a Guardian ad Litem is eventually appointed in your case, they will usually listen to tape recordings as well. However, that doesn't mean you will be able to use them in court.
If you are concerned about your children, CPS isn't the only way to go. You should consider filing a motion in family court to modify placement. Consult with an attorney regarding all of your options.
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