Home Remodeling and Children: Understanding CPS Concerns and Legal Protection

Home remodeling is a common activity during pandemics, involving significant improvements like siding, roofing, windows, doors, basement painting, and floor tiling. However, such changes have sometimes sparked concerns leading to calls for child protection services (CPS) intervention. This article explores the reasons why CPS might become involved, the legal measures you can take to protect yourself and your family, and how to ensure your home improvements are not misconstrued as detrimental to child safety.

Context of Home Improvements and Health Safety Hazards

My spouse and I, with two children aged 5 and 9, embarked on a home renovation project during the pandemic, incorporating improvements such as siding, roofing, windows, doors, basement wall painting, and floor tiling. We also converted a second garage into an extension. Throughout this process, we have not encountered any issues concerning the health or safety of our children, nor have we received any reports from CPS or the police. This underscores the importance of prioritizing home safety and functionality, especially in older or poorly maintained houses.

Common Reasons for CPS Involvement in Child Removal

CPS might become involved in cases of extreme and deliberate physical injuries, sexual abuse, leaving children unattended in dangerous situations, failure to provide basic needs, psychological abuse, or significant sanitary or safety hazards in the home. It is crucial to understand these scenarios to protect your family properly.

Physical and Sexual Abuse

Extreme and deliberate physical injuries, such as hitting, shaking, kicking, biting, burning, strangling, or pushing children down the stairs, are unequivocal reasons for CPS intervention. Similarly, sexual abuse involves manipulation, exhibitionism, inappropriate touching, or actual sexual activity.

Unattended and Dangerous Environments

Leaving children unattended in dangerous situations, such as in a car, on the street, or with unsuitable caregivers, can also result in CPS involvement. Similarly, failure to provide basic needs, despite adequate income, may lead to concerns.

Psychological and Sanitary Hazards

Psychological abuse, including belittling, name-calling, or isolating the child from family or friends, merits attention. Additionally, significant sanitary or safety issues, such as bad smells, feces or urine on the floor, mold, spoiled food, vicious or rabid pets, or clutter, can all present risks.

Protection Against Unwarranted CPS Interventions

No parent is perfect. However, if none of the above situations apply to you, it is essential to take proactive steps to protect yourself and your family. One effective measure is to request a court order signed by a judge, as we did when a CPS representative attempted to remove our children due to our home improvements.

When CPS representatives arrived, they requested a court order, stating that we had a combative man (our spouse or ourselves) present and needed backup. Upon calling for backup, it became evident that such actions may vary widely depending on the situation and the individual representatives involved. It is essential to document any such incidents and seek legal advice promptly.

Seeking Legal Protection

In situations where CPS or law enforcement are misinterpreting your home improvements as potentially harmful, it is crucial to contact an experienced attorney. A legal expert can help you navigate the complexities of the situation and ensure your rights are protected. Protecting your children from unwarranted CPS interventions requires both documentation and legal guidance.

Home remodeling can significantly improve the safety and functionality of your home, but it is important to ensure that the process is perceived positively by authorities. By understanding the common reasons for CPS involvement and taking appropriate legal measures, you can safeguard your family and your home.

Conclusion

Home improvements are an opportunity to enhance the safety and functionality of your home, but they can sometimes spark unwarranted concerns from CPS. By understanding the reasons for potential CPS involvement and seeking legal protection, you can protect your family and ensure that your efforts to create a better living environment are recognized as positive and constructive.