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San Marcos Texas Legal Blog

Can your child’s teacher call CPS?

| Feb 24, 2021 | Child Protection Defense |

If Child Protective Services (CPS) gets called in regards to your child, it may not be a family member or an ex who makes that call.

Who else may it have been? Since many children spend as much time with a teacher as they do with their parents during the week, is it possible that the call came from the school? Do teachers even have the power to file those reports?

Teachers can and do call CPS when necessary

Teachers are mandated reporters, meaning that they have to call CPS is=f they suspect neglect or abuse is taking place. It is something they are prepared for and many calls come from schools every year. Other than an immediate family member, it is likely that no one is as close to the child as their teacher.

That said, the teacher only has one person’s account to interpret, and that person is a child. Is their account accurate? Is it complete? Every year, many CPS calls are made that turn out not to have any grounds in reality.

Sometimes, the report generates with a teacher who overreacted. Other times, it’s just that the child didn’t tell the story accurately.

In other cases, there can just be a large difference of opinion between the parent and the teacher. For instance, maybe you believe that spanking your child is an acceptable and effective form of punishment, while the teacher believes that it is abuse. If the child mentions that you “hit” them — meaning that it was just a spanking — is that teacher going to call CPS?

You must know your rights

No matter how it happens, being contacted by CPS can be stressful. You must understand your rights and legal options.