Does Child Protection Service have the right to question a 4-year old child without the presence of a parent? 9 Answers as of May 21, 2013

Child protection wants to question my grandson about his uncle touching him in the wrong way, if that has ever happened.

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Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
If there is a need to do a forensic evaluation/examination, esp. if he was brought to a Dr., then "Yes."
Answer Applies to: Pennsylvania
Replied: 10/26/2012
Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Answer Applies to: Nevada
Replied: 5/21/2013
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is a violation of the fourth amendment of the United States constitution for any government official or employee to question a child victim without absent a warrant, court order, parental consent, or exigent circumstances. This probation includes personal from Child Protection Service as well as police.
Answer Applies to: California
Replied: 10/26/2012
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
It depends upon the circumstances. In this case, because a family member is the one being investigated, the answer is "yes".
Answer Applies to: Washington
Replied: 10/26/2012
Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
Yes because they need to have an untainted interview.
Answer Applies to: Washington
Replied: 10/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    They do have the right to question, but they should be trained on the correct techniques.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Absent a court order, a person does not have to talk to the police, CPS or anyone else. However, you have to consider the consequences when you refuse to talk. In this case, a 4 year old is pretty young and suggestable. Any interview must be done using the proper technique. Ultimately, the decision as to whether he will be interviewed is up to you.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, they can question a 4 year old. Hire an attorney when one is needed. The sooner the better from a defensive standpoint. CPS seems to do whatever they want, and get away with it. Only a privately retained attorney will be able to do anything about it.
    Answer Applies to: Florida
    Replied: 10/25/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You as parent can object to this. They have no "right" they have a statute that says they can talk to someone. I would notify the child care provider and any who may take care of the child to refuse permission.
    Answer Applies to: Nebraska
    Replied: 10/25/2012
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