5 Mistakes Parents Make During CPS Investigations
When CPS shows up at your door, the fear and confusion can lead to decisions that seriously damage your case. After representing parents in juvenile dependency cases throughout Sacramento, Placer, El Dorado, and Amador Counties, attorney Taryn M. Scharf has seen the same mistakes come up again and again. Here are five of the most common — and how to avoid them.
In this article
Mistake #1: Talking to CPS Without an Attorney
This is the single most damaging mistake parents make. When a social worker arrives at your door, your first instinct may be to explain yourself, provide your side of the story, and try to clear things up. But everything you say to CPS can and will be included in the social worker’s report — and it can be used against you in court.
Social workers are trained to ask open-ended questions that encourage you to share information. What feels like a casual conversation is actually an investigation. Even innocent statements can be taken out of context or mischaracterized in a report.
What to do instead: Politely tell the social worker that you would like to speak with an attorney before answering questions. This is your constitutional right. Then call a CPS defense attorney immediately.
Mistake #2: Letting CPS Into Your Home Without a Warrant
CPS social workers do not have an automatic right to enter your home. Under the Fourth Amendment, you are protected from unreasonable government searches. Unless the social worker has a court order or there is a genuine emergency (exigent circumstances), you can say no.
Once you invite CPS inside, anything the social worker observes — dishes in the sink, an unmade bed, a messy room — can appear in their report as evidence of neglect. What is normal life to you becomes ammunition in a legal proceeding.
What to do instead: Step outside and speak with the social worker on your porch. Be polite but firm: “I’m happy to cooperate, but I’d like to speak with my attorney before allowing anyone inside my home.” For more on your rights, see our CPS investigation rights guide.
Mistake #3: Signing Documents Without Understanding Them
During an investigation, CPS may ask you to sign safety plans, voluntary service agreements, or other documents. Parents often sign without reading carefully, believing it will demonstrate cooperation. But these documents can have serious legal consequences.
A “safety plan” might require you to leave your own home. A “voluntary” placement agreement might waive your right to a hearing. What looks like cooperation can actually be signing away your rights.
What to do instead: Do not sign anything until your attorney has reviewed it. You can tell the social worker: “I want to cooperate, but I need to have my attorney review this document first.”
Mistake #4: Posting on Social Media
Social media is a goldmine for CPS investigators. Photos, posts, check-ins, and comments can all be used as evidence in your case. A photo from a party, an angry rant about CPS, a post showing you at a location you said you were not — all of it is fair game.
Even posts you think are private can be discovered. Friends and family members may screenshot your posts and share them with CPS, or the county may subpoena your social media records.
What to do instead: Stop posting on social media entirely for the duration of your case. Do not delete existing posts (that could be seen as destroying evidence), but do not add new content. Tell friends and family not to post about you or your case.
Mistake #5: Fleeing or Hiding With Your Child
When parents learn that CPS is going to remove their child, some panic and run. This is understandable emotionally but catastrophic legally. Fleeing with a child during an active investigation or after a court order has been issued can result in:
- Criminal charges for custodial interference or contempt of court
- A warrant for your arrest
- A significant negative inference in the dependency case — the court will view flight as evidence of guilt
- Loss of any chance at reunification services
What to do instead: Fight the removal through the legal system. Attend the detention hearing, work with your attorney to challenge the county’s case, and comply with court orders while protecting your rights. The legal process exists for a reason — use it.
The Common Thread
All five of these mistakes share one root cause: acting without legal guidance. The juvenile dependency system is complex, high-stakes, and unforgiving of missteps. An experienced CPS defense attorney can help you avoid these mistakes and prepare for what comes next.
Have questions? Visit our FAQ page or contact us for a consultation.
Protect Your Family — Call Today
If you are facing a CPS investigation or juvenile dependency case in Sacramento, Placer, El Dorado, or Amador County, do not face it alone. Contact Scharf Law, P.C. at (916) 782-3900 or visit our contact page to schedule a consultation with attorney Taryn M. Scharf.
This article is provided for general information and does not constitute legal advice. Reading or sharing it does not create an attorney-client relationship. Every case is different. Contact Scharf Law, P.C. at (916) 782-3900 to discuss your specific situation.
Scharf Law, P.C. — Taryn M. Scharf, Esq. — CA State Bar #244097
2330 E Bidwell St, Suite 110, Folsom, CA 95630 — (916) 782-3900
Written and reviewed by
Owner & Managing Attorney, Scharf Law, P.C. · California State Bar #244097 (admitted 2006) · Folsom, California
Taryn began her career in juvenile dependency and now leads a family law, dependency, estate planning, and probate guardianship practice serving Sacramento, Placer, El Dorado, and Amador Counties. Read her full profile.
Last updated: . This article is general legal information for California and is not legal advice about any specific case.