Is a warrant needed if the police suspect child neglect?

It depends. If the police reasonably believe there is an emergency that puts someone in immediate danger of death or injury,or if someone is about to destroy evidence, they an enter a home without a warrant. However, they can only stay as long as it takes, and search in relevant places, to evaluate the emergency or prevent the evidence from being destroyed. For instance, if they thought your child was in immediate danger, that wouldn't justify looking in your dresser drawers. If the police want to search you home, always tell them you respectfully decline permission to enter, but NEVER physically resist.

When the police or CPS show up at your home asking about the welfare of your children - you should do your best to cooperate. I agree with attorney Marshall - a warrant is required for the government to enter your home except in some emergent situation. If they insist on entering - ask to see the warrant, but do not physically resist if they do not show you one or don't have one - but voice the concern. While you can refuse to speak to the police, or even a CPS social worker, the government does not need a warrant to speak with your child. It is one of the most uncomfortable situations for any parent to allow a stranger to speak to their child. You have to wonder if the person speaking with them is truly experienced, are they going to put suggestions in the mind of your child, are they going to accurately report what the child says, are they going to misinterpret some family joke as a sign of abuse? Unfortunately, there is little you can do to prevent this from happening initially. In some cases it does happen. Know that there are protections down the road should the government decide to take further action. You will get to cross examine the social worker or police officer about the interview and present your evidence. I tell my clients to remember that all of these people who do this kind of work are in the business of protecting children and while it is uncomfortable to be scrutinized by them - let them do their job. If they do their job poorly, you will have an opportunity to show that. It is best to cooperate in a CPS investigation if you can. You have a right to have an attorney with you when you speak with CPS or the police. You can ask them to come back another time or you can arrange to have them meet you at your attorney's office or their office with your attorney at a later time. Make sure that the attorney does CPS/Juvenile Dependency cases. The government does need a warrant, in the State of California, to remove your child from you unless there is some emergency situation where obtaining a warrant is not possible in time to protect the child. The state can only remove a child if there is a substantial risk of physical or emotional harm to the child and removal is the only reasonable way to prevent it. Finally, regarding home schooling a colleague of mine advises that you get a hold of Home School Legal Defense Association and join them. that way they would have only had to hand over the phone and an attorney from HSLDA would have taken care of the police on the home school issue. I am not familiar with this organization but it may be worth a Google search and a phone call. Good luck to you.