CPS Just Knocked on Your Door.
Here’s What to Do Right Now.
Take a breath. You have rights. This page tells you exactly what to do — and what NOT to do — in the next critical hours.
DO These 5 Things Immediately
1. Stay Calm
Your reaction matters. CPS workers document everything — your demeanor, your words, your home. Take a deep breath before opening the door.
2. Be Polite but Firm
You can be respectful without giving up your rights. Greet the worker professionally. You do not need to be confrontational to protect yourself.
3. Ask for Identification
Request the worker’s full name, agency, and badge number. Ask for a business card or write this information down immediately.
4. Ask for the Allegations in Writing
You have the right to know what you are being accused of. Ask the worker to provide the specific allegations against you.
5. Call an Attorney Immediately
Before answering any questions or allowing entry, call an experienced juvenile dependency attorney. Scharf Law, P.C. can be reached at (916) 782-3900.
Do NOT Do These 5 Things
1. Don’t Let Them Inside Without a Warrant or Court Order
CPS does not have an automatic right to enter your home. Unless they have a signed court order or a warrant, you can politely decline entry. Speak through the door or step outside.
2. Don’t Answer Questions Without an Attorney Present
Anything you say can and will be used in court. Even casual, well-meaning statements can be twisted. Politely tell the worker you will cooperate through your attorney.
3. Don’t Sign Anything
Do not sign safety plans, voluntary agreements, or any documents without having an attorney review them first. These documents can be used against you in court.
4. Don’t Flee or Hide Your Children
Running or hiding children makes you look guilty and can escalate the situation dramatically. It can result in an emergency removal and criminal charges.
5. Don’t Post on Social Media
Do not post about the investigation on Facebook, Instagram, or any platform. CPS workers and opposing counsel regularly monitor social media. Anything you post can become evidence.
Your Constitutional Rights
CPS has authority, but you have constitutional protections. Knowing your rights is the first line of defense.
Right to an Attorney
You have the right to legal representation at every stage of a dependency proceeding. If you cannot afford an attorney, the court will appoint one — but hiring your own gives you control over your defense strategy.
Right to Refuse Entry
Under the Fourth Amendment, you are generally not required to allow CPS into your home without a court order or warrant. There are exceptions for emergency situations, but in most cases, you can ask them to return with a court order.
Right to Remain Silent
You are not required to answer questions from social workers without your attorney present. Anything you say can be documented and used in court. Be polite but firm: “I want to cooperate, but I need to speak with my attorney first.”
Right to Know the Allegations
You have the right to be informed of the specific allegations against you. The county must file a petition that details the claims. You are entitled to review this petition and all evidence before any hearing.
Right to Present Evidence
You can present your own witnesses, submit evidence, and cross-examine the county’s witnesses. This includes challenging social worker reports, disputing hearsay, and introducing expert testimony.
Right to Appeal
If you believe the court made an error, you can file a writ or appeal. Strict timelines apply — often as short as 7 days for extraordinary writs. Having an attorney who catches errors in real time is critical.
If Your Child Has Been Removed:
Under California law, the county must file a dependency petition within 48 hours of your child’s removal (excluding weekends and court holidays) or release your child, and a detention hearing must be held by the end of the next judicial day after that petition is filed (Welfare and Institutions Code Sections 313 and 315). That hearing determines whether your child stays in foster care or comes home.
You need an attorney BEFORE that hearing. Every hour matters.
Don’t Face CPS Alone
Attorney Taryn Scharf began her career in juvenile dependency court and represents parents and relatives in CPS cases across Sacramento, Placer, El Dorado, and Amador Counties. Call now for a consultation.
Scharf Law, P.C. — Taryn M. Scharf, Esq. — CA State Bar #244097
2330 E Bidwell St, Suite 110, Folsom, CA 95630 — (916) 782-3900
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