Protecting Your Family
by Carlton Walker
From the Editor: Carlton Walker is an advocate, teacher, mother of a blind child, and an attorney. Here is a list of recommendations she offers for those being visited by a worker from children’s protective services. Please note her disclaimer at the end.
Offices charged with child protection have a lot of discretion in investigations. They have a lower legal threshold for proof than other legal processes. But there are a few things you can do if an official from child protection comes to speak to you about your child or children:
- Stay calm, and try not to get defensive. This is much easier said than done.
- Ask the official what the concern or concerns are, and listen carefully to the answers. It is fine to ask the official to repeat the answers so that you can fully understand what is being said.
- Ask for reasonable accommodations, such as written materials in Braille, accessible electronic form, or enlarged print. Don’t feel pressured into proceeding without them.
- Breathe. Breathe again.
You will likely feel a range of emotions. Give yourself permission to feel what you feel.
You do not need to allow child protection officials into your home unless they have a warrant to enter. Ask them to produce the warrant before allowing them into your home. If you cannot read the document, ask for reasonable accommodations (such as a third-party you can trust) to read the documents and share with you what is written.
Ask the official what complaints have been made against you. If the person is vague, push for details.
Don’t be in a rush. While it is very stressful to be in this situation, rushing can hurt you. Give yourself permission to take the time to figure out what you want to do and what you don’t want to do.
You do not need to answer any questions without an attorney. Consider not answering any questions until you have consulted an attorney (which can be court-appointed, based on your state’s rules and your income and resources).
Don’t hesitate to seek legal help. Things happen quickly, and the stakes are very high. Take the time you need to get the help you and your family deserve.
If you want to speak without consulting a lawyer, consider what you can share. If you choose to answer questions, do so as calmly as you can. Try to answer only what is asked and try not to elaborate. It is natural to want to explain your experiences, but accurate, short answers can be better.
If needed, find supportive documentation from your child’s teachers, doctors, and therapists.
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