Child Protective Services

What to do When CPS is at the Door?


Important Note: The most suitable course of action largely depends on the specific circumstances. You should talk to a lawyer for advice. You can even ask for a lawyer in court.

Contact MILS

If you need assistance, please call MILS at 231-947-0122.

 - Many people in the Department of Health and Human Services work with Child Protective Services (CPS). The first person you see is usually the "CPS Investigator." They investigate the problem first. You might meet many people from CPS. Always ask for the names and cards.

 - Dealing with Child Protective Services (CPS) can be hard. If you help them, they might not take your kids. But if you help too much, they might take your kids. If you don't help, they might use it against you. But if you don't help, they might not find anything bad.

 - It's best to treat CPS workers like police officers. Be nice and respectful but remember that what you say can be used against you.

- Be sure to tell the CPS worker whether you, your child, or other family members are affiliated with any tribe. There are protections in federal and state law for Native American families and you want those protections in place when you are talking with CPS. 

 -  If CPS asks you to do something, it's best to say that you want to talk to a lawyer first. This includes signing any documents.  

 - If CPS comes to your home, you can let them see your kids at the front door. This helps them see that your kids are okay. But be careful, they might say they saw injuries. To protect yourself, you can take pictures of your kids in front of CPS or take your kids to the doctor within a day to show they're okay. If your kids are hurt, talk to your lawyer before you talk to CPS.

 - You don't have to let CPS into your home unless they have a removal order. This doesn't mean they can search your home. After they take the child, take pictures and videos of your home. They might say your home was worse than it was. This way you can show your lawyer how your home looked right after removal. 

- Write down or record your talks with CPS. Let them know you're recording. Just say "I would feel better if I recorded this talk." CPS doesn't wear body cams.

- CPS can talk to your kid at school. They don't need your okay or to tell you first.

- CPS won't tell you who reported you to CPS. They might tell you why you were reported or give you some information about the problem.

- If your child is taken, they will first go to the other parent's home (if you're separated). If the other parent can't or won't take the child, give CPS the names of family and close friends who can. Your lawyer will help you figure out the best place for your child. 

- If your child is taken, you can have a lawyer help you during the first court hearing. If there's no lawyer at the first hearing, ask the judge for one. The judge should delay the hearing so a lawyer can be assigned to you.

- If your child is taken and put into foster care, you might work with a "foster care worker" or someone from an agency that helps kids in foster care.