CPS Miranda Rights: New Law Protects Your Rights in 2023
Under a new law, CPS Investigators will now have to advise parents of certain rights upon first contact, or risk ALL collected evidence from being automatically excluded.
There are 10 CPS Miranda Rights that they must read to you out loud, which are:
1. You have the right not to speak with any agent of the Department without legal counsel present.
2. You have the right to receive assistance from an attorney.
3. You have the right to a court-appointed attorney if you are indigent, the parent of the child, and the Department files suit for conservatorship, termination of rights, or to require you to participate in services.
4. You have the right to record any interaction or interview with the Department, but you are advised that you may have to turn it over to the Department, law enforcement, or another party if ordered by the Court.
5. You have the right to refuse to allow the Investigator to enter the home or interview the child without a court order.
6. You have the right to have legal counsel present before allowing the Investigator to enter your home or interview the child.
7. You have the right to withhold consent to the release of any medical or mental health records.
8. You have the right to withhold consent to any medical or psychological examination of the child.
9. You have the right to refuse to submit to a drug test.
10. You have the right to consult with legal counsel prior to agreeing to any proposed voluntary safety plan.
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