cys law in pa why wont they speak to my attorney

by Dr. Edwardo Zboncak V Published 2 years ago Updated 1 year ago 10 min read

Can I get through a Cys investigation without legal advice?

West Chester CYS Lawyer. Unfortunately, it is not uncommon for the Pennsylvania Children and Youth Services (CYS) to roll right over the rights of parents, ostensibly as they protect children. If you are being investigated by CYS, this is a very serious situation. You may have received a phone call or letter from CYS, but, generally speaking, the first you hear of CYS is when they show up …

What should I do if I have a visit from Cys?

Jul 26, 2019 · Jul 26, 2019. For the first time in a published, precedential opinion, the Pennsylvania Superior Court has held that a county children and youth agency (“CYS”) may not obtain a court order compelling a parent to submit to a urine test, or compel parents to otherwise cooperate with a CYS investigation, prior to filing a dependency petition, because such relief is not …

Should I cooperate with Cys or the police?

1 Answer from Attorneys. Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr. 0 users found helpful. 0 attorneys agreed. Re: My Rights vs. CYS ''rights''. Since CYS investigates abuse, etc., they do not need parental permission to speak with a …

What are my rights during a CPS investigation in Pittsburgh?

Mar 12, 2018 · A CPS attorney will ensure you are always aware of your rights and options. They will also make sure you are able to fight for what is best for your child every step of the way. To discuss your parental rights and other family law applicable to your case, call Czekaj Law, LLC at (717) 275-9770 .

How do I file a complaint against child Protective Services in PA?

Call 1-800-932-0313.

What are my rights with child Protective Services in PA?

You have the right to work with CPS to develop a family service plan (FSP), which outlines the steps you will take to improve the home environment and your interactions with your child. This may include completing parenting classes, anger management classes, drug or alcohol treatment, or therapy.

How long can CPS keep a case open in PA?

CPS usually resolves investigations within 30 days. However, if they cannot resolve the case within a month, then CPS must document why and complete the investigation within 60 days.

How long does CYS have to investigate in PA?

within 30 days

Caseworkers typically complete the investigation within 30 days and submit the results to ChildLine. If agency representatives cannot complete the investigation within 30 days, the CCYA must document the reasons and complete the investigation within 60 days.

Do social services always win in court?

The main job of Social Services is to make sure that children are safe and that the standard of care which they receive is good enough (you won't have to be perfect). Most cases do not end up in Court.Aug 8, 2018

Can social services take my child away without evidence?

Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.Jun 22, 2018

How long does it take for CPS to make a decision?

The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS' review decision, they can lodge an application at court for a judicial review, to challenge the decision.

Can CYS drug test you in PA?

Published: Jun. 16, 2020, 11:57 a.m. Pennsylvania's Children and Youth Services agencies have no legal authority to require suspects to submit to drug and/or alcohol testing during investigations of child abuse reports, the state Supreme Court ruled Tuesday.Jun 16, 2020

How long does CPS have to investigate in PA?

Most investigations are wrapped up within 30 days. However, if this is not possible, CPS must document the reasons why it must take longer and should complete the investigation within 60 days.

What is ChildLine PA?

ChildLine is part of a mandated statewide child protective services program designed to accept child abuse referrals and general child well-being concerns, and transmit the information quickly to the appropriate investigating agency.

Can you get through a CYS investigation without legal advice?

Just because you know you are not guilty of abuse or neglect does not mean you can get through a CYS investigation without legal advice or protection. Once you have a visit from social services, immediately contact a domestic attorney with experience in CYS investigations like at Pittsburgh Divorce & Family Law, LLC.

Can you cooperate with CYS?

By cooperating with them, you demonstrate that you have nothing to hide and that you are more than willing to provide evidence of your child’s safety and health. However, cooperating with CYS or the police without protecting your rights can be dangerous. Contact a Pittsburgh CYS/CPS attorney. Just because you know you are not guilty ...

How to contact a Pittsburgh divorce lawyer?

The first step is to call a highly-skilled and dedicated Pittsburgh CYS attorney with Pittsburgh Divorce & Family Law, LLC at (412) 471-5100 for a free, in-depth consultation.

What is CPS in Pennsylvania?

One of a parent’s worst nightmares is to have the Pennsylvania Office of Children, Youth and Family Services (CYS), often called child protective services (CPS), show up on their doorstep. As a mom or dad, you do the best you can daily, but like any parent, you are not perfect.

Can a child be removed from a home by CYS?

With any CYS investigation, there is a risk that the authorities will attempt to remove your child from your home. If CYS has a warrant to do so, you will not be able to stop this at the time. However, as a parent, you have the right to request that your son or daughter go to a relative or close family friends’ home and not foster care.

What to do when you know you are under investigation?

When you know you are under investigation, speak with some of your family members about who may be able to care for your child for a period of time. This ensures everyone is prepared and you are able to reduce the potential trauma to your child.

Can you investigate how you raise a child?

You feed, clothe, educate, and love your child, so you know there is no reasonable basis to investigate how you are raising your son or daughter. However, unfortunately, that does not stop others from making assumptions and accusations. If you are a parent facing allegations of child abuse or neglect, do not panic.

Do you have to have a lawyer for a CPS case?

As a child’s parent or legal guardian, you always have the right to your own attorney during any CPS investigation. A lawyer is essential to protecting the rights of you and your child during an investigation. A caseworker is not going to take the time to explain your rights and options, particularly if they fear you have been abusive or neglectful.

Can a child be taken from home?

Your child may not be taken from your home by CPS or the police right away. However, CYS may file a case in court if it believes you are not providing proper care for your child. This is known as a dependency hearing, and the purpose of it is for a judge to determine if your child is without proper care and is therefore “dependent.” If a judge finds the evidence you are neglecting your child, your son or daughter may be placed under court supervision and the judge may order you and your family members to participate in certain services or programs. The judge can also order your child to be temporarily removed from your home.

Can a child be placed in foster care?

Your child may be placed in foster care immediately after they are removed from your home. This could be the best thing for your child, at least temporarily. However, it is rarely your first choice for your child. You can fight for your son or daughter to be returned to your home from foster care or to enter kinship care.

What happens if a child is removed from your home?

If your child is removed from your home either immediately, during an investigation, or due to the resolution of the case, do not lose hope. This does not have to be a permanent situation. Many parents are able to get their children back from foster or kinship care.

How to contact Pittsburgh divorce lawyer?

To learn more about your rights while you or another adult is being investigated for child abuse, contact Pittsburgh Divorce & Family Law, LLC at (412) 471-5100.

What is CPS investigation?

At all times during an investigation by the Office of Children, Youth and Families (CYF), often called child protective services (CPS), you have the right to legal counsel. A Pittsburgh CPS attorney can explain the investigation process, potential outcomes, and your parental rights during a CPS investigation. You may want to have an attorney present with you during interviews with the caseworker.

Can a CPS take custody of a child in Pennsylvania?

Your greatest fear is that your child will be taken from you. However, Pennsylvania CPS does not always have the right to take this drastic action. Removal of a child from their home is an extreme measure and only allowed under specific circumstances. For a CPS employee to take custody of your child, they must have a valid court order based on evidence that the child is in immediate danger. However, the police, a doctor, or the director of a hospital or medical facility may have the right to take your child into protective custody without a court order if there is evidence of imminent danger or pursuant to your or another adult’s arrest.

Can a CPS take custody of a child?

For a CPS employee to take custody of your child, they must have a valid court order based on evidence that the child is in immediate danger. However, the police, a doctor, or the director of a hospital or medical facility may have ...

Can a CPS take custody of a child without a court order?

For a CPS employee to take custody of your child, they must have a valid court order based on evidence that the child is in immediate danger. However, the police, a doctor, or the director of a hospital or medical facility may have the right to take your child into protective custody without a court order if there is evidence ...

Can a doctor take a child into custody?

However, the police, a doctor, or the director of a hospital or medical facility may have the right to take your child into protective custody without a court order if there is evidence of imminent danger or pursuant to your or another adult’s arrest. If your child was immediately taken from you after a report of child abuse, ...

What to do if your child is removed from your home?

If your child was removed from your home, the first option should be for your child to go to a capable relative or close friend’s home. This is known as kinship care and it is usually regarded as the best thing for the child. In Pennsylvania, CPS must make a reasonable effort to place your child in a kinship care relationship, and you have the right to advocate for your child to go to a grandparent, aunt or uncle, cousin, or close friend’s home. You should provide CPS with possible adults’ names and contact information.

Does Pennsylvania have a child protection law?

In agreeing, Mundy found that Pennsylvania’s Child Protective Services Law, which governs the operations of Children Services agencies, does not give those agencies authority to compel subjects of investigations to provide samples for drug and alcohol testing against their will.

Does Pennsylvania require drug testing?

Pennsylvania’s Children and Youth Services agencies have no legal authority to require suspects to submit to drug and/or alcohol testing during investigations of child abuse reports, the state Supreme Court ruled Tuesday.

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