A CFS Social Worker is at Your Door. Here’s Exactly What to Do.

The next few minutes matter. This page explains your rights during a San Bernardino County CPS investigation in plain language: what to say, whether to let the social worker in, and what happens next. Read it now, and call if you need help.

Call (866) 811-4255 — Free & Confidential

The short answer

If a San Bernardino County CFS social worker comes to your home, you are generally not required to let them inside without a warrant or court order, and you have the right to remain polite while declining to answer questions until you speak with a lawyer. Stay calm, do not refuse access to the children’s safety in a way that escalates, write down everything, and contact a dependency attorney before any interview or hearing.

CFS (Children and Family Services) is the agency that investigates child abuse and neglect in San Bernardino County. An investigation can lead to a juvenile dependency petition under Welfare and Institutions Code section 300, and the first hearing can be set within about 48 hours of a child’s removal.

What a CFS investigation actually is

When someone makes a report to the child abuse hotline, San Bernardino County Children and Family Services (CFS) is required to evaluate it. A social worker may attempt a home visit, ask to speak with the children, and contact people in your life such as doctors, teachers, or family. This does not mean a court case has started. It means the agency is investigating, and what happens during the investigation shapes whether a petition is ever filed.

Two things are true at once: the social worker has a real job to do in assessing child safety, and you have real legal rights during that process. Understanding both is how you protect your family without escalating the situation.

San Bernardino uses CFS, not “CPS.” People say “CPS” out of habit, but San Bernardino County’s agency is Children and Family Services. Riverside uses DPSS and Los Angeles uses DCFS. Knowing the correct agency, court, and procedures for your county matters.

Do you have to let the social worker in?

Generally, no, not without a warrant, a court order, or genuine emergency circumstances. A social worker may ask to come inside and may ask to see the children. You can decline entry politely and ask whether they have a warrant. If they do not, you can offer to speak with them outside, on the porch, or to arrange a time after you have spoken with an attorney.

There are important exceptions. If a child is in apparent immediate danger, law enforcement and social workers have authority to act, and physically obstructing them can make your situation worse. The goal is never to obstruct; it is to assert your rights calmly and avoid giving up protections you have.

Do

• Stay calm and polite. Tone matters and is often noted.
• Ask for the worker’s name, ID, and the agency.
• Ask whether they have a warrant before allowing entry.
• Write down the date, time, and everything said.
• Say you want to speak with a lawyer before answering questions.
• Make sure your children are visibly safe and cared for.

Try not to

• Admit to allegations or speculate to “clear things up.”
• Sign anything you do not understand.
• Lose your temper or threaten the worker.
• Let anyone in without knowing whether there’s a warrant.
• Assume staying silent makes you look guilty. It is your right.
• Guess at answers. “I’d like to speak with my attorney first” is enough.

What you say can end up in the petition

This is the part people most often get wrong. Statements you make to a social worker during the investigation can be written into the report and used to support a dependency petition. You can be cooperative and respectful without answering every question or admitting anything. Declining to answer until you have counsel is not an admission of guilt, and it is one of the most protective things you can do early in a case.

A dependency case uses a lower standard of proof than a criminal case, and a parent can face a petition with no criminal charge at all. That is exactly why early, careful handling of the investigation matters so much.

What to do in the first 72 hours

1. Document every contact. Names, dates, times, what was asked, what was said. Keep it in one place.
2. Do not discuss the allegations with the social worker beyond confirming basic identity until you have spoken with a lawyer.
3. Preserve evidence. Photos of the home, medical records, school records, texts, and the names of people who can speak to your parenting.
4. Arrange safe childcare if asked, ideally with a trusted relative, and get any safety-plan terms in writing.
5. Call a dependency-focused lawyer before any formal interview or the detention hearing. The detention hearing can be set within about 48 hours of a removal.

What happens if CFS files a petition

If CFS decides to proceed, it files a petition under Welfare and Institutions Code section 300 in the San Bernardino Juvenile Dependency Court, and the case moves through a defined sequence of hearings: detention, jurisdiction, disposition, periodic review, and, if reunification ends, a selection and implementation hearing under section 366.26. Each stage has its own deadline and its own opportunity to change the outcome. The earlier counsel is involved, the more can be done at each one.

San Bernardino Juvenile Dependency Court860 East Gilbert Street
San Bernardino, CA 92415-0955

Appeals from San Bernardino dependency orders go to the California Court of Appeal, Fourth Appellate District, Division Two.

Questions parents ask first

Can I refuse to let a CFS social worker into my home?

Generally yes, unless they have a warrant, a court order, or there are emergency circumstances involving a child’s immediate safety. You can politely decline entry, ask whether they have a warrant, and offer to speak outside or after consulting a lawyer. Never physically obstruct a worker or officer acting under emergency authority; assert your rights calmly instead.

Should I answer the social worker’s questions?

You can be polite and cooperative without answering questions about the allegations. You have a right to have a lawyer with you. Statements you make can be written into the report and used to support a petition. Saying “I’d like to speak with my attorney before I answer questions” is your right and is not treated as an admission of guilt.

Can CFS take my child during the investigation?

In some circumstances, yes. If the agency or law enforcement believes a child is in immediate danger, a child can be taken into protective custody before any hearing. If that happens, a detention hearing is generally set within about 48 hours (excluding weekends and holidays), which is why getting a lawyer involved immediately is so important.

Do I need my own lawyer if the court appoints one?

The court appoints counsel for parents who qualify, and appointed dependency attorneys do important work. Retaining your own dependency-focused lawyer means earlier involvement, often before the detention hearing, dedicated time on your case, and continuity through every stage.

Is a CFS case the same as being criminally charged?

No. A juvenile dependency case is separate from criminal court. CFS can file a section 300 petition and a dependency judge can take jurisdiction over a child on a lower standard of proof than a criminal case requires, with no criminal charge ever filed. The two can occur at the same time, which makes careful handling even more important.

What does it cost to talk to a lawyer?

The initial consultation is free and confidential. Call (866) 811-4255 at any time, including evenings and weekends, if CFS has contacted you or removed a child.

Talk to a dependency lawyer before you talk to CFS.

What you do in the first hours shapes the whole case. The call is free, confidential, and available 24/7.