BASIC Rights Everyone Should Know

 One of the most major overlooked rights that we all have not only just in Virginia when dealing with CPS workers, but across the country is the right to record. 

This means that ANY AND ALL interactions with DSS/CPS CAN and SHOULD be recorded. 

Do not trust that it is an agency and must be transparent and honest. 

In Virginia you are suppose to be notified of the right to record.  However this rarely happens and most often times recording results in CPS workers not wanting to interview. 


For those in Virginia you can find the "Va Code" on that here § 63.2-1516. Tape recording child abuse investigations.

Recording is very key in these cases. Often times rights are violated and there is no proof it occurred because the right to record was never brought up to the accused. 


This being said you do not have to communicate with this department and you are not required by law to open the door and let them in. 


Unless they are there with a court order in place already it is your right to say No at the door. I would say recording even the initial interactions is always a good idea. 


22VAC40-705-90. Family assessment and investigative protocol.  


Here's where the first link of being able to record comes into serious play - The "code" above gives Social Workers the right to enter the home if they believe imminent danger to be present as defined in this code here - § 63.2-1517. Authority to take child into custody.  


Now imminent danger is something that would cause life threatening/irreparable damage to the child if they were to be left in those conditions. That means they can not leave and come back the child/children would have to be removed right then at the point of contact. Imminent danger must be PRESENT at the time of REMOVAL or the seeking of a Court Order for removal and not merely speculated. 


Recording becomes important as ERO's (Emergency Removal Orders) are done "Ex Parte" which means you cannot attend and defend yourself at the hearing. 

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