Other Family Issues

questions & answers

Question: does cps have the right to question a child without a parent being present and against a parents permission

Answer:

The following is provided as general information. To see how laws apply to your specific situation, you may want to consult with an attorney.

“The primary purposes of child protective services are to protect children by investigating allegations of abuse and neglect, promoting the well-being of the child in a permanent home and coordinating services to strengthen the family and prevent, intervene in and treat abuse and neglect of children” (A.R.S. § 8-800).

According to Arizona Revised Statutes (ARS) 8-802(C)(4), A child protective services worker shall "receive from any source oral or written information regarding a child who may be in need of protective services.  A worker shall not interview a child without the prior written consent of the parent, guardian or custodian of the child unless either:
(a) The child initiates contact with the worker.
(b) The child who is interviewed is the subject of or is the sibling of or living with the child who is the subject of an abuse or abandonment investigation pursuant to paragraph 5, subdivision (b) of this subsection.
(c) The interview is conducted pursuant to the terms of the protocols established pursuant to section 8-817.

Laws relating to children can be found located in Title 8 of the Arizona Revised Statutes.