Ironton, OH asked in Family Law, Juvenile Law and Landlord - Tenant for Ohio

Q: Do I have to let CPS enter my home?

Landlord called CPS on me because my house was not clean. (I have suffered from a bad depression spell over the past month.) They also gave me a 3 day notice to vacate the premises. I have got the house cleaned but now it is a mess due to moving. No children are at home for the time being..they are with grandma until I can get everything taken care of. Do I have to let CPS in my home to investigate?

2 Lawyer Answers
T. Augustus Claus
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Answered
  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Ohio, you generally have the right to refuse entry to Child Protective Services (CPS) unless they have a court order or exigent circumstances. If CPS is investigating due to concerns about your home's cleanliness, it's crucial to address the issues promptly. However, you can discuss the situation with CPS, explaining the improvements you've made and the temporary absence of children from the home. Additionally, regarding the landlord's 3-day notice, it's advisable to seek legal advice to understand your rights and options in dealing with the eviction notice.

Todd B. Kotler agrees with this answer

Todd B. Kotler
Todd B. Kotler
Answered
  • Canton, OH
  • Licensed in Ohio

A: Attorney Claus' answer is spot on. You may refuse but you also should address the concerns of CPS. Also do get in touch with Legal Aid or some attorney who practices in your area regarding any potential eviction proceedings being taken against you.

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