Are you traveling out of state this summer? Varying laws in different states may affect your rights during a potential CPS investigation or even the likelihood of being reported. Our Law and Policy Vault contains several areas of law that parents should know about.
Click each heading to read more about the issue and see state laws.
States have differing standards for when a child may be left alone in a car or a house. There are also minimum ages for a child to supervise other children. People tend to be quick to report children left in cars unattended, so parents should be especially aware when traveling in a state with more restrictive laws.
Related to cars, states have differing minimum ages for minors sitting in the front passenger seat and for car seat laws overall. Parents should avoid violations of drastically different state laws.
Most states allow some for some kind of medical detention called temporary protective custody when medical authorities are afraid a minor is in danger of ongoing abuse or neglect. This is particularly relevant if there is an unexpected medical emergency while traveling.
If CPS investigates you while in another state, it is helpful to know the state’s law about recording CPS and law enforcement as these laws vary by state. Some states may allow you to record CPS and law enforcement, while others may not. This is important if they come knocking while you are staying somewhere temporarily.
Every state has mandatory reporting laws. Some states limit reporting to certain professionals acting in their professional capacity while others may make any adult a mandatory reporter. This may impact a family’s likelihood of being reported while in another state.
Families are often concerned about whether they could be investigated for homeschooling or vaccine related reasons while visiting another state, especially if for an extended period of time. Generally, these laws only apply to state residents, so a state you visit would not have jurisdiction to enforce its own separate homeschooling or school vaccine laws against you while you are just on vacation.
It is entirely possible to be investigated by CPS while in a different state. Heritage Defense has helped families with out-of-state CPS cases ranging from unexpected hospital visits to CPS coming to an Airbnb or campground.
Wherever you are, for our member families, Heritage Defense is just a call away. We recommend that member families enter the Heritage Defense emergency number into your phone’s contacts. That way, you can easily call us even if you are hundreds of miles away from our magnet on your fridge.
Please note that the above article is not legal advice. Member families with further questions can schedule a consultation with a Heritage Defense attorney.