CPS Investigation Survival Guide

CPS Just Contacted You. Don't Panic.

A CPS (Child Protective Services) investigation is terrifying. Whether the report came from the other parent, a mandatory reporter, or an anonymous tip, here's what you need to know to get through it.

Your Rights During an Investigation

You have more rights than CPS may tell you:

• Right to an attorney: You can (and should) have an attorney present for any interviews. CPS may say it's "just a conversation" — it's not.
• Right to know the allegations: You're entitled to know what you're being accused of (in general terms — they may not reveal the reporter).
• Right to refuse entry: CPS cannot enter your home without a court order, your consent, or evidence of immediate danger. However, refusing entry can escalate the situation. Discuss strategy with your attorney.
• Right to remain silent: You are not required to make a statement. Politely say, "I want to cooperate, but I need to speak with my attorney first."
• Right to record: In one-party consent states, you can record the interaction. Check your state's laws.

When to Cooperate and When to Wait

This is the hardest balance. CPS cooperation matters — but self-incrimination matters too.

Cooperate with:

• Providing basic identification
• Allowing the investigator to see your children (they can get a court order for this)
• Providing your attorney's contact information
• Being polite and professional

Wait for your attorney before:

• Making detailed statements about the allegations
• Signing any documents
• Allowing a full home search
• Taking a drug test (in some states you can request a court order first)

What CPS Workers Look for in Home Visits

• Is the home safe? (Working smoke detectors, no hazards, appropriate space for children)
• Is there food in the home?
• Where do the children sleep?
• Are there substances or weapons accessible to children?
• Are the children's basic needs being met?
• What is the parent-child interaction like?

Timeline of a Typical Investigation

1. Report received: CPS screens the report (24–72 hours)
2. Initial contact: Investigator contacts you (within 1–5 days for non-emergency)
3. Investigation: Interviews, home visits, collateral contacts (2–6 weeks typical)
4. Determination: Finding is made — usually Substantiated, Unsubstantiated, or Inconclusive
5. Closure or next steps: Case closed, services offered, or court action initiated

How CPS Findings Affect Custody

A substantiated finding can be devastating to your custody case. The other parent's attorney will use it as evidence. An unsubstantiated finding is better, but the other side may still reference the investigation. An inconclusive finding falls in between.

This is why having an attorney during the investigation — not just after — is critical.

Resources

• Childhelp National Child Abuse Hotline: 1-800-422-4453 — childhelp.org — if you need to report concerns about your children, or if you need guidance during an investigation
• Parents' Rights Organization: parentsrightsorg.org
• National Child Abuse Defense & Resource Center: falseallegations.com
• Find an attorney: LawHelp.org

Next Steps

1. Contact a family law attorney before your next CPS interaction
2. Document every interaction with CPS (date, time, who, what was discussed)
3. Keep your home clean, safe, and stocked
4. Follow any safety plans or recommendations CPS provides
5. Do not discuss the investigation with the other parent