What Happens When You Are Arrested with Children in Your Car

Recently, there was an incident where a person could not drive themselves and their children as they were pulled over. In many cases, such as in Colorado, child protective services (CPS) are notified, and the children are taken into temporary foster care. The car will likely be impounded, leading to job loss and potential financial difficulties. This can extend the family's involvement with the welfare system, sometimes for years. However, the outcome and extent of these consequences depend largely on your actions.

How the Situation Unfolds

Law enforcement generally tries to avoid traumatizing children, but it is a critical situation by nature. Acting responsibly and calmly can significantly alter the outcome. For instance, if a responsible adult relative is present to take the children, everything becomes much more manageable. This not only eases the process but also does what is best for the child.

Typically, we aim to hand over children to a reliable adult relative. If their family situation is deemed unsafe, CPS takes over. For example, a case where two parents got into a fight in the courthouse lobby with a three-month-old baby involved. Law enforcement attempted to release the baby to the grandmother, but the mother refused. Eventually, the baby ended up in foster care with the father's mother after a prolonged process.

These situations can vary widely depending on the area. In most places, the children are taken to a children's shelter and then placed in foster care until a suitable arrangement can be made.

Strategic Decisions

Some parents might use their children as a "shield" in court, claiming that they can't be arrested because of their children. While this approach may delay the legal proceedings, the outcome is often not in their favor. Sometimes, placing children in foster care might be the best option for them, but unfortunately, it is not always the case.

Lessons and Best Practices

While it's a difficult situation, remaining calm and responsible goes a long way. It's always better to have a family member come and pick the children up if possible. This not only makes the process easier but also ensures the best care for the children involved.

Understanding the procedures and having a plan can help mitigate the impact of being arrested with children in the car. Knowing what to expect and how to handle the situation can be the difference between a manageable outcome and one that causes significant distress for both the parent and the child.

Key Points to Remember:

Acting responsibly can significantly improve the outcome. Arrange for a responsible adult relative to take the children if possible. Be aware of the potential for children to be placed in foster care. Use the best interests of the child as a guiding principle in all actions.