IMPORTANT
If a caseworker comes to your home, they must present you with a Court Order that says they can enter your house; otherwise, they can only enter if you invite them. If you do not invite them in and they push their way in, push past you, etc., call the police. Make sure, if nothing else, the officer fills out a report. Get the report number and write it down in a running record of any involvement with DCS.
Caseworkers are not above the law. If they do something illegal, you can report them to the police and their Regional Administrator.
DCS Miranda
MIRANDA RIGHTS
You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.
An allegation against you for abuse or neglect, is the same as being accused of a crime. Although DCS/CPS has the right to investigate and involve other law enforcement, Miranda Rights do apply to their investigation and your rights.
DCS "MIRANDA"
You have the right to refuse DCS/CPS entry to your home if they do not have a Court Order.
You have the right to know what allegations DCS/CPS is investigating.
You have the right to refuse to answer any questions that have nothing to do with the allegations.
You have the right to obtain legal counsel before choosing to answer any questions.
You have the right to immediate copies of Court Orders and/or form CS-0680, which should include allegations which necessitate EMERGENCY removal. (NOTE: If your child is removed without a Court Order because DCS/CPS believes your child is in IMMINENT danger, there MUST be a hearing within 72 hours.)
You have the right to refuse the removal of your children from your home. (IMPORTANT: If you allow DCS/CPS to remove your child without a Court Order or form CS-0680 stating IMMINENT DANGER REASONS, you are voluntarily surrendering your child(ren) and admitting you have done something wrong.)
You have the right to make documentation of any and all contacts with DCS/CPS. This includes, but is not limited to, recording or writing down conversations, photographing children before DCS takes custody and at visits, videotape of DCS/CPS home assessment, etc.
If DCS has custody of your child(ren)...
PARENTS’ BILL OF RIGHTS
(NOTE: While your child is in DCS custody, you are considered the non-custodial parent and entitled to the following rights)
Tenn. Code Ann. § 36-6-110 provides the non-custodial parent the following rights:
·
The right to unimpeded telephone conversations with the child at least twice a week at reasonable times and for reasonable durations·
The right to send mail to the child which the other parent shall not open or censor·
The right to receive notice and relevant information as soon as practicable but within 24 hours (24) of any event of hospitalization,major illness or death of the child·
The right to receive directly from the child's school upon written request which includes a current mailing address and upon payment of reasonable costs of duplicating, copies of the child's report cards, attendance records, names of teachers, class schedules, standardized test scores and any other records customarily made available to parents·
The right to receive copies of the child's medical records directly from the child's doctor or other health care provider upon written request which contains a current mailing address and upon payment of reasonable costs of duplication·
The right to be free of unwarranted derogatory remarks made about him or her or his or her family by the other parent to or in the presence of the child·
The right to be given at least forty-eight (48) hours notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe, including, but not limited to, the following: (i) School activities; (ii) Athletic activities; (iii) Church activities; and (iv) Other activities as to which parental participation or observation would be appropriate.·
The right of access and participation in education, including the right of access to the minor child or children for lunch and other activities, on the same basis that is provided to all parents, provided the participation or access is reasonable and does not interfere with day-to-day operations or with the child's educational performance.·
The right to receive from the other parent, in the event the other parent leaves the state with the minor child or children for more than two (2) days, an itinerary including telephone numbers for use in the event of an emergency.These rights may only be denied upon a finding by the court that such denial is in the best interests of the child. An unlikely event.
More information about your rights and research sources
Tennessee Websites
http://fightcps.com/oldsite/states/tennessee.htm
Fight CPS
American Humane Organization
http://www.americanhumane.org/
Children’s Rights Organization
http://www.childrensrights.org/
Family Rights Association
http://www.familyrightsassociation.com/
Tennessee Coalition for Open Government
**Research your rights and defend yourself and your children! Don't wait for someone else to do it for you.
bravenet.com