What to Do If CPS Contacts You in Indiana: Protecting Your Rights and Your Family
Receiving a call or visit from Child Protective Services (CPS), also known as the Indiana Department of Child Services (DCS), can be stressful, intimidating, and confusing. Many parents panic, unsure of their rights, what they should say, and how to protect their children.
If CPS contacts you, it's crucial to stay calm, understand your legal rights, and take the proper steps to prevent misunderstandings that could escalate into a Child in Need of Services (CHINS) case.
Here’s what you need to know if CPS contacts you in Indiana.
Understanding CPS in Indiana
The Indiana Department of Child Services (DCS) is responsible for investigating reports of child abuse and neglect. Their primary goal is to ensure that children are safe in their homes. However, their investigations can sometimes lead to misinterpretations or false allegations, resulting in court involvement or even removal of children from a home.
Why Would CPS Contact You?
Common reasons for CPS involvement include:
✔ Allegations of physical or sexual abuse
✔ Reports of child neglect (e.g., lack of food, medical care, or unsafe living conditions)
✔ Substance abuse concerns in the home
✔ Domestic violence exposure
✔ Educational neglect (chronic school absences, lack of homeschooling plan)
✔ Abandonment concerns
💡 Key Takeaway: CPS does not need proof before investigating a claim—they only need a report of suspected abuse or neglect to begin an investigation.
What to Do If CPS Contacts You in Indiana
If CPS contacts you, follow these four essential steps to protect yourself and your family.
1. Stay Calm and Be Cautious in What You Say
It’s natural to feel defensive or panicked when CPS arrives at your door. However, staying calm and composed is critical.
🚨 DO:
✔ Be polite and cooperative, but avoid providing unnecessary information.
✔ Ask for the caseworker’s name, contact information, and reason for the investigation.
✔ Write down everything discussed during the visit.
🚫 DON’T:
✖ Assume you must answer all questions immediately—you have the right to consult an attorney first.
✖ Admit to any wrongdoing, even if you're trying to explain.
✖ Provide access to your home unless legally required (more on this below).
💡 Key Takeaway: Everything you say to CPS can be used against you. Always be cautious and consult an attorney before making statements.
2. Know Your Legal Rights
Many parents unknowingly waive their rights during CPS investigations. Here's what you should know:
✔ Right to Remain Silent: You are NOT required to answer questions without an attorney present.
✔ Right to Deny Entry: CPS cannot enter your home without a court order or law enforcement present.
✔ Right to Refuse Drug Testing: CPS may ask for a voluntary drug test, but you are not required to comply without a court order.
✔ Right to an Attorney: If CPS tries to take legal action, you have the right to legal representation.
🚨 When Can CPS Enter Your Home?
✔ If you consent to let them in
✔ If they have a court order
✔ If they believe your child is in immediate danger and bring law enforcement
💡 Key Takeaway: Do not consent to searches or interviews without speaking to a lawyer.
3. Document Everything
If you’re under investigation, keeping detailed records can help protect you.
✅ Write down:
✔ The date, time, and reason for CPS contact
✔ The name of the caseworker
✔ Any questions they asked and your responses
✔ Any actions they take, such as interviewing your child or requesting medical records
✅ Gather supporting evidence:
✔ Medical records, school records, or letters from teachers showing you provide proper care
✔ Witness statements from family, friends, or childcare providers
✔ Photos of your home showing a clean, safe environment
💡 Key Takeaway: The more evidence you have to show your child is safe and well cared for, the stronger your defense.
4. Consult an Attorney Immediately
If CPS contacts you, the smartest step you can take is to call an attorney.
🔹 Why? Because even innocent statements or a misunderstanding can escalate into court involvement or child removal.
A family law attorney can:
✔ Communicate with CPS on your behalf to prevent misinterpretations
✔ Advise you on how to respond to CPS questions and requests
✔ Defend you in court if DCS files a CHINS (Child in Need of Services) case
✔ Protect your parental rights and fight unjust removal of your children
💡 Key Takeaway: CPS cases can escalate quickly. Contacting a lawyer early in the process can make a significant difference in the outcome.
What Happens If CPS Files a CHINS Case?
If CPS believes a child is in danger, they may file a Child in Need of Services (CHINS) petition, which could lead to court proceedings.
CHINS Process Overview:
✔ Initial Hearing: The court determines whether the child should stay with the parents or be placed in temporary foster care.
✔ Fact-Finding Hearing: CPS presents evidence of abuse or neglect.
✔ Dispositional Hearing: The court decides whether the child should stay with the parents under supervision or be removed from the home.
✔ Permanency Planning: If the situation doesn’t improve, CPS may seek to terminate parental rights.
🚨 If CPS has filed a CHINS case against you, contact an attorney IMMEDIATELY to protect your parental rights.
Why You Need an Attorney When Dealing with CPS
Even if you believe you have done nothing wrong, CPS investigations can be unpredictable and damaging.
At Vining Legal, we help parents:
✔ Understand their rights and respond to CPS properly
✔ Fight wrongful allegations of abuse or neglect
✔ Avoid escalation into a CHINS case
✔ Defend against termination of parental rights
📞 Call us today at (317) 759-3225 or schedule a consultation here.