Can CPS Interview My Child Without Me Present in Washington State?

ByBurke Brown Attorneys

One of the most stressful moments for parents during a Child Protective Services (CPS) investigation is learning that CPS may interview their child without notice or without the parent being present. Understandably, this raises concerns about fairness, accuracy, and parental rights.

In Washington State, CPS has specific legal authority under RCW 26.44 that allows caseworkers to conduct private interviews with children as part of an investigation into suspected abuse or neglect. Here’s what you need to know.

Washington’s child abuse reporting and investigation laws are set out in RCW 26.44.030(15)(a). Under this law, CPS and law enforcement have the power to interview children as part of an abuse or neglect investigation.

  • Where interviews can happen – CPS may conduct child interviews at school, daycare, at the family home, or another appropriate location, and these interviews can take place outside the presence of parents.
  • Parental notification – Under the law, parents must be notified of a child interview during a formal investigation at the earliest safe opportunity. However, in practice, parents are almost never told beforehand. CPS frequently relies on the exception that immediate notice could “jeopardize the integrity of the investigation,” which means most parents only learn about the interview after it has already taken place.
  • Child’s right to support – Before the interview begins, CPS or law enforcement must ask if the child wants a supportive third party present. If the child agrees and it won’t interfere with the investigation, reasonable efforts must be made to include that person.
  • Access to records – CPS and law enforcement also have the right to access relevant records about the child from mandated reporters (such as teachers, doctors, or counselors).

The intent behind this law is to allow children to speak freely in a safe environment, but for many parents, the process feels invasive and raises concerns about misinterpretation or lack of context.

 Why This Matters for Families

Parents often worry about their children being asked confusing questions or about statements being misunderstood or taken out of context.

CPS interviews can feel intimidating and overwhelming for both parents and children.  Even an innocent or incomplete answer can raise new concerns that prolong an investigation.

For parents, this lack of transparency creates a sense of vulnerability. A single interview — conducted without your knowledge — can shape the course of a CPS investigation and directly impact your family’s future.

Understanding your rights under RCW 26.44 and getting experienced legal guidance early in the process is the best way to protect your child, ensure fairness, and navigate the investigation with greater confidence.

Checking your child’s School Handbook and/or the School District’s Policies and Procedures Manual can help prepare arent as to what to expect if and when CPS goes to a child’s school for an interview. 

How Our Firm Can Help

At Burke Brown Attorneys, we regularly represent parents facing CPS investigations in Washington State. We understand how stressful it is to learn that CPS can interview your child without you present. Our team is here to explain the law, protect your parental rights, and ensure your family is treated fairly during the investigation process. If CPS has contacted you or interviewed your child, don’t face it alone. Contact us today to schedule a consultation with an experienced CPS defense attorney in Washington.