How to ANSWER CPS questions in an Interview (and questions to ask)

Matthew Harris Law, PLLC
14 Jul 202207:29
EducationalLearning
32 Likes 10 Comments

TLDRThis video script advises on handling CPS interviews, emphasizing the importance of recording interactions, understanding specific allegations, and asking questions about the claims. It also suggests remaining calm, avoiding unrelated questions, and stopping the interview if necessary, highlighting the need for parental rights protection.

Takeaways
  • 🚨 **Important First Moments**: The first 30 seconds of a CPS interview are crucial, and it's crucial to record everything legally, even if the investigator objects.
  • 📝 **Ask for Allegations**: Demand the CPS investigator to specify the allegations against you and take detailed notes to understand the full scope of the claims.
  • 🔍 **Gather Information**: Focus on gathering information about the allegations rather than defending yourself immediately.
  • 🤔 **Follow-Up Questions**: Ask detailed follow-up questions about the allegations to clarify specifics and understand the basis of the claims.
  • 🙅‍♂️ **No Disclosure of Reporter**: CPS is legally prohibited from revealing the identity of the reporter, but you can inquire if the reporter is a professional.
  • 🚫 **Avoid Unrelated Questions**: Refrain from answering questions unrelated to the allegations of abuse or neglect, as they may be invasive and irrelevant.
  • 🗣️ **Assert Your Rights**: Politely but firmly assert your right to not answer questions that are not relevant to the allegations, even if the investigator tries to pressure you.
  • 💬 **Be Honest**: If you choose to answer questions, be truthful to maintain credibility, as any lie could harm your defense.
  • 😐 **Stay Calm and Professional**: Maintain a calm and professional demeanor during the interview, as this may impact how a judge views your actions if the case goes to court.
  • ⏸️ **End the Interview**: You have the right to stop the interview at any time, especially if you feel uncomfortable or if the questions become inappropriate.
  • 📚 **Seek Legal Counsel**: The advice emphasizes the importance of consulting an attorney, but if you must proceed alone, ask all necessary questions about the allegations and then end the interview.
Q & A

  • What should you do when a CPS Investigator comes to your door?

    -You should remain calm and know that you have the right to record the conversation if you wish, as Texas is a one-party consent state. You should also ask the investigator to clarify the allegations against you.

  • Why is it important to record the conversation with a CPS Investigator?

    -Recording the conversation can protect you from false claims and ensure that you have evidence if the case goes to court. It also allows you to review the conversation for accuracy.

  • What should you ask the CPS Investigator during the initial part of the interview?

    -You should ask the investigator to provide a clear and detailed list of the allegations against you, including when, where, and how the alleged actions were reported.

  • Why is it crucial to know the details of the allegations before the interview continues?

    -Knowing the details helps you gather information and understand the case against you, which is essential for your defense and to ensure the CPS doesn't change their story.

  • Can the CPS Investigator disclose the identity of the person who made the report?

    -No, the CPS Investigator is legally not allowed to disclose the identity of the reporter, but you can ask if the reporter is a professional one.

  • What is the purpose of the general questionnaire used by CPS during the interview?

    -The general questionnaire is a standard set of invasive questions that CPS uses to gather background information, which is then input into a government database.

  • Are you obligated to answer all the questions in the CPS questionnaire?

    -No, you are not obligated to answer any questions unrelated to the allegations of abuse or neglect. You can refuse to answer invasive background questions.

  • What should be your approach when the CPS Investigator asks questions unrelated to the allegations?

    -You should politely inform the investigator that you are not willing to answer questions unrelated to the allegations and focus on the issues at hand.

  • What are some rules to follow when answering questions during a CPS Interview?

    -Do not lie, focus on the allegations, stay calm and professional, stop the interview at any time if needed, and get the necessary information before ending the interview.

  • Why is it recommended to stop the interview after gathering information about the allegations?

    -Stopping the interview after gathering information allows you to consult with an attorney before potentially answering questions that could harm your case.

  • What is the primary goal of the script in providing information about CPS Interviews?

    -The primary goal is to educate parents about their rights and how to protect themselves during a CPS Interview, ensuring that innocent parents are not wrongfully accused or have their children unjustly taken away.

Outlines
00:00
🚨 Dealing with CPS Allegations: Know Your Rights

This paragraph discusses the critical first moments of a Child Protective Services (CPS) interview, emphasizing the importance of recording the conversation and understanding the allegations against you. It advises parents on how to request details about the allegations, including the specifics and the source of the report. The script warns against CPS investigators' tactics to gather incriminating evidence and stresses the importance of not revealing the reporter's identity. It also touches on the broader questionnaire CPS uses, which may include unrelated personal questions, and the constitutional rights of parents to protect themselves from wrongful accusations.

05:02
🛡️ Navigating CPS Interviews: Strategies and Advice

The second paragraph provides guidance on how to answer questions during a CPS interview, comparing the process to interacting with law enforcement. It strongly recommends having an attorney present and exercising the right to remain silent to avoid self-incrimination. The advice includes not lying, focusing on the allegations, maintaining composure, stopping the interview at any time, and ceasing the interview after gathering necessary information. The paragraph concludes with a suggestion to ask questions about the allegations and then end the interview to protect one's legal position, followed by a call to share the video for broader awareness.

Mindmap
Keywords
💡CPS Investigator
A CPS Investigator refers to a Child Protective Services (CPS) official who investigates allegations of child abuse or neglect. In the video, the presence of a CPS Investigator signifies the initiation of a serious inquiry into a parent's actions, which may have significant legal and personal consequences. The script emphasizes the importance of understanding the allegations and being prepared to answer questions from such an investigator.
💡Allegation
An allegation in this context is a claim or accusation of wrongdoing, specifically regarding child abuse or neglect. The script stresses the importance of knowing the exact allegations against a parent, as these will guide the CPS interview process. It is crucial for the individual to understand the details of the allegations to effectively defend themselves.
💡Attorney
An attorney is a legal professional who provides advice and representation in legal matters. The video script suggests that having an attorney present during a CPS interview is highly recommended, as they can provide crucial guidance and protection of one's rights, even though the video also addresses how to proceed without one.
💡Recording
The term 'recording' in the script refers to the act of capturing audio or video of the interaction with a CPS Investigator. It is mentioned as a means of self-protection, as Texas law allows for one-party consent recording, which the individual can utilize to ensure the conversation is documented legally.
💡One-Party Consent
One-Party Consent is a legal principle that allows for a recording of a conversation as long as one party to the conversation consents. In the script, it is highlighted as the legal basis for recording CPS interviews in Texas, emphasizing that the individual being investigated has the right to record the interaction.
💡Defend Yourself
To 'defend oneself' in the video script means to protect one's rights and interests during a CPS investigation. It involves asking the right questions, refusing to answer unrelated questions, and understanding the allegations. The script provides strategies for self-defense during the initial stages of a CPS interview.
💡Incriminating Evidence
Incriminating evidence refers to information or objects that can be used to prove a person's guilt in a legal context. The video warns that CPS Investigators may use various tactics to gather such evidence, and thus, it is vital for individuals to be cautious and record their interactions to protect against false accusations.
💡Foster Care
Foster care is a system in which a certified family or individual takes care of a child or children who cannot live with their own families. The script mentions that children may be placed into foster care based on the findings of a CPS investigation, which underscores the serious implications of such proceedings.
💡Constitutional Rights
Constitutional rights are the fundamental rights guaranteed by the constitution of a country. In the script, the emphasis is on protecting the rights of parents, such as the right to due process and the right to remain silent, during a CPS investigation to ensure fair treatment.
💡Parental Rights
Parental rights encompass the legal rights and responsibilities of parents regarding their children. The video script discusses the potential for these rights to be terminated if a parent is found guilty of abuse or neglect, highlighting the severity of a CPS investigation's outcome.
💡Involuntary Termination
Involuntary termination refers to the forced ending of a legal right or status, such as parental rights. The script warns that any incriminating statements made during a CPS interview could lead to the involuntary termination of a parent's rights, emphasizing the need for caution and legal counsel.
Highlights

Understand your rights: You're allowed to record the interview, even if the CPS Investigator objects.

Texas is a one-party consent state: As long as you consent, recording the conversation is legal.

Ask for specifics: Get detailed information about the allegations against you.

Take notes: Write down every detail provided by the CPS Investigator.

Do not defend yourself: Focus on gathering information rather than explaining or defending.

Know the categories: CPS will ask many invasive questions unrelated to the allegations.

Right to remain silent: You are not obligated to answer unrelated or invasive questions.

Be polite but firm: Refuse to answer irrelevant questions while staying calm and professional.

Rule #1 - Do not lie: Always be honest when answering questions.

Rule #2 - Focus on allegations: Only answer questions directly related to the allegations.

Rule #3 - Stay calm: Maintain professionalism throughout the interview.

Rule #4 - Stop anytime: You can end the interview whenever you feel uncomfortable.

Rule #5 - Get what you need: Ask all necessary questions about the allegations and then stop the interview.

Hire an attorney: Seek legal representation before answering any questions if possible.

Protect your rights: The goal is to safeguard your constitutional rights as a parent.

Transcripts

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CPS InterviewParental RightsLegal AdviceChild ProtectionInvestigation TipsDue ProcessRecording ConsentAllegations ClaritySelf DefenseLegal Strategy