Do You Have to Talk to a CPS Investigator in Washington?
When Child Protective Services (CPS) contacts you, it can be scary, confusing, and emotionally overwhelming—especially if you’re a parent or caregiver. Many people wonder: Do I have to let them in? Do I have to answer their questions? What happens if I don’t?
In Washington State, CPS has a legal duty to investigate reports of abuse or neglect. But that does not mean you are required to cooperate in every way they request. Here’s what you need to know to protect yourself, your family, and your rights.
Why CPS Might Contact You
CPS, which operates under the Department of Children, Youth & Families (DCYF), responds to reports of suspected child abuse, neglect, or endangerment. These reports can come from:
- Teachers or school counselors
- Medical professionals
- Neighbors or relatives
- Police officers
- Anonymous callers
Once a report is accepted, CPS may open an investigation to assess whether a child is safe in the home. This often involves contacting the parent, guardian, or caregiver directly—sometimes without advance notice.
Are You Legally Required to Talk to CPS?
No, you are not legally required to speak with a CPS investigator. You have the right to:
- Remain silent
- Decline entry into your home without a warrant
- Ask for an attorney before answering questions
- Request that interviews with your children be postponed until you are present or represented
CPS workers may act like you have no choice—but you do. Just like in a criminal investigation, anything you say can be misinterpreted or used against you.
That said, refusing all cooperation can escalate the situation. It’s often best to consult an attorney immediately and let them guide your response.
Can CPS Talk to Your Child Without You?
In certain cases, yes. Washington law allows them to interview children outside their parents’ presence—especially if CPS believes the child may be at risk. This might occur at school, daycare, or even a relative’s house.
However, if you learn that CPS wants to speak to your child, you can still request that they pause the interview until you’ve spoken to a lawyer.
Can CPS Enter My Home Without a Warrant?
No. Unless CPS is accompanied by law enforcement with a valid court order or warrant, they cannot legally enter your home without your consent. You are well within your rights to politely decline entry.
However, if they believe a child is in immediate danger, they may involve police and seek an emergency removal order.
What Happens If You Refuse to Talk?
If you refuse to speak with CPS entirely, they may:
- Continue the investigation using other sources (e.g., schools, relatives, medical records)
- Try to visit your home multiple times
- Petition the court for access or removal, especially if they claim there is an immediate threat
- Refer the case to the police for criminal investigation
That’s why having legal counsel early in the process is crucial—so you can strike a balance between protecting your rights and avoiding unnecessary escalation.
When to Call a Lawyer
Contact a family defense or criminal defense attorney immediately if:
- CPS contacts you and requests a meeting
- Your child is interviewed or temporarily removed
- You are being accused of abuse or neglect
- You’re worried about losing custody or parental rights
An attorney can speak on your behalf, monitor CPS communication, and make sure your family is treated fairly under the law.
How We Can Help
At the Law Office of Erin Bradley McAleer, we protect parents and caregivers throughout Clark County and across Washington who are being investigated by CPS. Whether you’re being unfairly accused or simply trying to navigate a difficult situation, we’ll help you respond wisely, assert your rights, and safeguard your family. Don’t face alone. Contact us today for a confidential consultation.