Can CPS open a case om me if my kids were not in my care and in a different state at the time of the report?

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Can CPS open a case om me if my kids were not in my care and in a different state at the time of the report?

What are my rights?

Asked on December 30, 2012 under Family Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Potentially, yes, CPS can open a case, even if you were in a different state at the time of the report.  If, for example, you left the child with someone who was not fit to provide care (let's say a registered sex offender or drug addict), then the allegation would involve neglect by not provided adequate child care when you were not available. 

As far as your rights, you have the right to receive notice of the allegations.  You have the right to give your side of the story regarding the events. (Keep in mind, however, that any statements could potentially be used later if they decide that your actions were also criminal in nature). You  can request a hearing to challenge the allegations----You have basically the same rights as any custody dispute, except that the dispute with the state, not your ex.


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