Welfare and Institutions Code Section 328 requires CPS to interview Minors over the age of four years old.
“The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to a foster home, to ascertain the child's view of the home environment. If proceedings are commenced, the social worker shall include the substance of the interview in any written report submitted at an adjudicatory hearing, or if no report is then received in evidence, the social worker shall include the substance of the interview in the social study required by Section 358. A referral based on allegations of child abuse from the family court pursuant to Section 3027 of the Family Code shall be investigated to the same extent as any other child abuse allegation.”
IN ADDITION, CPS often “pulls” Kids out of class and interviews them at school without the Parent's Knowledge or Permission. This may form the basis of a lawsuit against CPS. If this happens to you, don't wait! YOU need to contact an experienced CPS Defender!
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