A Word from Legal
Your Rights During Investigations
If your administration places you on leave due to an investigation by Child Protective Services (CPS), remember that as a member of MSEA you have rights! In Maryland, allegations of abuse or neglect require both the police and CPS to jointly investigate.
If police are not present in an interview, remember: any statement given is provided to the agency not in attendance. Knowing and exercising your rights is essential. You should:
• Request documentation. Ask your administration for details.
• Call your UniServ director. They will remind you of your rights and connect you with the assigned MSEA attorney who will guide you through the process.
• Document everything. Write down dates, times, names, and details of any incident that may have occurred on the job. Keep copies of letters or forms, but do not violate FERPA by copying a form/document that would be part of a student record; instead, describe it in your notes in great detail.
• Cooperate within your rights. While you should not obstruct the process, you are not required to waive your rights. You should not permit a CPS caseworker to enter your home unless they obtain a warrant or court order—and you are not legally required to provide CPS caseworkers access to your children!
• Know the allegations. CPS must inform you of the allegations, including the name of the alleged victim, dates, times/locations of the underlying incident, and the nature and extent of any injury in the case of physical child abuse.
• Exercise your right to an appeal. If CPS makes a finding of unsubstantiated or indicated, you have the right to challenge it through the appeal process.
If you are informed of an investigation by an outside agency, DO NOT make any social media posts about the investigation or talk casually about it with work colleagues, administration, or neighbors! A CPS investigation is serious, but it is not a finding of guilt. Knowing your rights and responding carefully protects both you and your job.