I Refused to Let CFS Into My House in San Bernardino County. What Happens Next?

Refusing entry does not, by itself, give San Bernardino County CFS the right to take your child. Generally, a social worker needs your consent, a warrant, or a true emergency to come inside. But the investigation does not stop because you said no. Expect a follow-up visit, a call, a school interview, or a request for a warrant, and get a lawyer involved before any of that happens.

You were within your rights

In Calabretta v. Floyd (9th Cir. 1999) 189 F.3d 808, the Ninth Circuit applied the Fourth Amendment to a social worker’s home entry. San Bernardino County has its own place in this area of law: in Mabe v. County of San Bernardino (9th Cir. 2001) 237 F.3d 1101, the court addressed the limits on warrantless removal and home entry.

What CFS may do next

• Come back, sometimes with a Sheriff’s deputy or local police officer. An officer’s presence does not replace consent, a warrant, or an emergency.
• Interview your child at school. Penal Code section 11174.3 allows that during school hours, and the child may choose a school staff member to be present. It does not require parental consent or notice.
• Propose a safety plan, often with a short deadline.
• Contact relatives, doctors, or the person who reported.
• Seek a protective custody warrant under Welfare and Institutions Code section 340.
• Note in its report that you refused, which may be used to argue risk.

What to do in the next 24 hours

• Write down names, times, and exactly what was said.
• Do not call or text the worker to argue your side.
• Make the home safe and tidy, in case a warrant is issued.
• Talk to your children calmly, and do not coach them on what to say.
• Have an attorney contact CFS so the department knows you are engaged.

If CFS or a deputy comes in anyway

Say clearly, “I do not consent to this entry.” Do not physically interfere. Keep the door camera running, if you have one. Whether the entry was lawful can be challenged later, but resisting creates new problems today.

Does refusing make removal more likely?

It can raise the temperature, which is why a calm response through counsel matters. Removal without a warrant still requires immediate danger under section 306. If your child is taken, a petition is generally due within 48 hours, excluding nonjudicial days (section 313), and the detention hearing must occur by the end of the next judicial day after filing (section 315). See our guides on unlawful CPS entry, what to do when CFS is at your door, and detention hearings.

Frequently asked questions

Can CFS come back after I say no?

Yes. CFS can return and continue investigating. Each new visit raises the same question of consent, warrant, or emergency.

Can I ask CFS to talk to my lawyer instead?

Yes. Your attorney can handle communication and arrange a controlled visit if that makes strategic sense.

Does a court order always let CFS inside?

If a judge has authorized entry or custody, do not obstruct it. Ask for a copy, and call your attorney immediately.

Talk to a CFS defense attorney before your next conversation with the social worker. Call ALL Trial Lawyers at 866-811-4255, available 24/7.

This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case turns on its own facts. Attorney advertising. Prior results do not guarantee a similar outcome.