CFS Interviewed My Child at School Without Telling Me. Is That Legal?

Often, yes. California Penal Code section 11174.3 allows an investigating agency to interview a suspected child victim at school during school hours. Parents commonly learn about it afterward. But what you do next can change how the investigation unfolds.

What the statute says

Under section 11174.3, the child must be given a choice: be interviewed in private, or have a school staff member of the child’s choosing present. That staff member is there to give the child comfort and support, and should not take part in the interview. The staff member is also expected to keep the interview confidential.

California’s statute does not require the school or Children and Family Services to get your permission first. Whether a particular school interview also violated constitutional rights is a separate, fact-specific question. A lawyer should review how the interview happened, including whether your child was removed from class, how long it lasted, and whether law enforcement took part.

Why CFS goes to school first

A school interview lets a social worker speak with a child away from the parent named in the report. In San Bernardino County, a report may come from a teacher, counselor, or other mandated reporter under the Child Abuse and Neglect Reporting Act. After that interview, the worker usually contacts the parents, often the same day.

What to do today

1. Stay calm with your child. Ask only whether your child is okay and what happened in general terms.
2. Do not question or coach. Repeated questioning can look like pressure and can change a child’s account.
3. Do not confront the school. School staff may be witnesses, and many are mandated reporters.
4. Write down what you learned. Include the date, who told you, and what was said.
5. Call counsel before calling CFS back. The next conversation is often the one quoted in the report.

What your lawyer can do

Counsel can contact the assigned worker, learn the general nature of the allegation, and control how you respond. A lawyer can also identify helpful records and witnesses, such as your pediatrician or a coach. In many cases, the goal is to give CFS the information needed to close the referral before a petition is filed.

If CFS requests a home visit next, you have rights there too. Social workers generally need consent, a warrant, or a genuine emergency to enter a home.

If a petition is filed

Dependency cases in San Bernardino County are heard at the Juvenile Dependency Court at 860 E. Gilbert Street. Your child’s school statement may be included in the report that the court reads.

FAQs

Can I tell the school not to allow interviews? You can state your wishes, but a school generally cannot block an authorized investigation under this statute.

Can I get a copy of what my child said? Not usually during the investigation. If a case is filed, your lawyer can obtain reports through the court process.

Can police attend the interview? Sometimes. If law enforcement was involved, tell your lawyer immediately.

Can CFS tell me who reported me? Reporter identity is generally confidential under Penal Code section 11167.

Did CFS talk to your child at school?

Call 866-811-4255 before you return the social worker’s call. ALL Trial Lawyers answers 24/7.

Disclaimer: This article is general information, not legal advice, and does not create an attorney-client relationship. Every case depends on its facts.