They are usually initiated because someone questions the safety of a child or children while around the parent named in the case, and the end result can be that parent losing the fundamental right to raise his or her child.
An attorney who has experience working with CPS is more likely to cut through the clutter and find out what’s going on than someone dealing with CPS for the first time. The attorney can also ask the right questions at the initial hearing.
The attorney can also help you to get what you want in the interim. If there are certain people that you do and do not want to look after your children while the case moves toward resolution, the attorney can help you secure that.
If they’ve skipped a step or done something incompletely, it could potentially help your case. The second track is simply finding out where they’re going with the case – an attorney may not be able to find everything out, but could certainly get further than the person who is the subject of an investigation.
Because of that, it can potentially be helpful for a parent involved in a CPS case to bring in an attorney to help resolve the case. The first thing an attorney can do for you, if you find yourself in the midst of a CPS case, is help you determine what options are available.
The CPS system is an imperfect one, and cases can be confusing given that many different people can be involved, including people working for CPS who might end up creating more questions than answers.
Although the primary goal of CPS is to protect the safety of children, the objective is also to keep children safely within their own families. If CPS believes a child is in danger, the agency can arrange for the child to be temporarily removed from the home, with the intent to work with the family so that the child can be returned, safely, as soon as possible.
Your attorney can help defend you against a child protection lawsuit. It is best to retain a lawyer experienced in child protection cases. Your attorney will defend you against the allegations brought against you, and help protect your parental rights.
If CPS believes a child is in danger, the agency can arrange for the child to be temporarily removed from the home, with the intent to work with the family so that the child can be returned, safely, as soon as possible.
If you have reason to believe you are being investigated by CPS, you need to act quickly to hire an attorney. It is generally advised to cooperate with CPS (1) …
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We can help with restraining orders, police brutality, and unlawful actions by CPS. Let Powell and Associates fight the system for you. (21) …
It is important you hire a lawyer with the experience to fight to get your children back to you as soon as possible. Can CPS Take My Children? Yes. The legal (17) …
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A good CPS defense attorney understands that you love your kids more than life itself. They know how scared and angry and heartbroken you are. They are compassionate, non judgemental, and kind. And their only goal right now is to help you – to keep your family together, despite the state’s best efforts to tear you apart. They listen, they care, and they fight on your behalf.
When CPS shows up on your door, trying to tell you how to parent your children, or worse – trying to take your kids away from you, the first thing you should do is call a CPS defense attorney. But what do they really bring to the table? Can they really help you? Yes they can. And the better your CPS defense attorney is, the better your chances are of a positive outcome in your case.
CPS defense is not the most lucrative type of law to practice. As an attorney, you can make a lot more money practicing criminal defense. And the more high profile the cases, the better the fees are likely to be. So for the most part, attorneys who choose to practice CPS defense are in it because they believe in what they’re doing.
This is also why, if CPS believes parents do have good intentions for their children, they’ll offer resources for parents. CPS may also demand that parents follow a plan of care and action.
If you are under investigation, do not panic. CPS social workers want to know the family’s dynamic and conditions of the home. It’s rare that CPS purposefully seeks to villainize or discriminate against parents. The last thing that CPS wants to do is take kids away from their families.
CPS social workers are trained to understand the complexities of any family dynamic. If parents are worried about their children saying something that may incriminate them, remember that CPS social workers must look beyond just the surface-level. If your social worker does use something out of context, call a lawyer to know your legal options.
If you’re not home when the CPS worker arrives, they will leave contact information so you can schedule another time to visit. CPS can ask you nosy and invasive questions. CPS might ask you questions that seem irrelevant to your case. These questions are not accusations.
5 Things CPS Can Legally Do. A CPS investigation can last for up to 18 months! During this time, there are some things that CPS might attempt. If you’re unsure about the legality of how CPS is conducting an investigation, you can always call a lawyer to get legal advice on the situation.
CPS can talk to your child without your permission. This comes as a shock to a lot of parents, but CPS can legally talk to your child alone. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you.
The last thing that CPS wants to do is take kids away from their families. Parents should still know their rights during a CPS visit. There’s a lot that CPS can and cannot do during a home visit. Parents who know their rights, and know what CPS is legally allowed to do will make CPS visits as stress-free as possible.
The process takes at least 18 months and a lot of court involvement. However, it is possible. CPS findings can impact your future. If you are investigated and the case is decided against you, the information will be visible on certain types of background checks.
Remember that many attorneys, including family law attorneys, offer free 30 minute consultations. We have used these services in the past, when we needed help navigating issues with CPS.
However, if you fail to follow the plan, CPS can tell the court that you are not cooperative. CPS can use whatever you say against you. Your conversations with anyone at CPS are not confidential. Whatever you say can be used against you in court, even if it is taken out of context.
You have the right to an interpreter. If you do not speak English, you have the right to an interpreter when interacting with CPS. You have the right to seek legal counsel. Contacting a lawyer is one of the first things you should do, if CPS shows up at your house.
CPS can terminate your parental rights. It is a long and time-consuming process, but CPS can terminate your parental rights. The process takes at least 18 months and a lot of court involvement.
Your Rights as a Parent. It is important to understand your rights because your best advocate is always yourself. You need to know what your rights are so that you can make sure they are not being violated. You have the right to know the accusations against you.
CPS can meet with your child without your permission. This is one of the most alarming things that parents learn about CPS, but it’s true. CPS caseworkers have the right to meet with your children without your permission and without you present. In fact, CPS will often speak to your child before they speak to you.