what do i do if i have a problem with cps and my attorney

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) … Pro-Bono Lawyers. Most of the lawyers listed in this section of the FightCPS website need to be paid.

Full Answer

How do I talk to a CPS lawyer?

Parents who know their rights, and know what CPS is legally allowed to do will make CPS visits as stress-free as possible. If you need to speak to a family lawyer today, call (844) 934-2387 and press 2 when you hear the voice recording play.

What should I do if CPS comes to my house?

If you turn away a CPS worker because you feel unprepared, ask to schedule for another time. After rescheduling, call your lawyer and ask how best to prepare for your home visit. Similarly to when entering your home, unless CPS has a court order, they need your consent to take a drug test.

How do you settle a CPS case without going to trial?

Settlement can be achieved during the case conference where you, your client, the CPS caseworker, and other persons involved in the case may discuss a possible settlement to address the alleged neglect or abuse, without having to go to trial. Stay up-to-date on federal and state laws as to what constitutes abuse or neglect.

What happens if I file a report to CPS?

Reports of sexual abuse or severe physical injury are usually referred directly to the police. Otherwise, the CPS will evaluate whether the report is reasonable and requires further investigation or an official CPS case to be initiated.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How do I fight CPS in Texas?

In many circumstances, the best way to beat the case is to go for a dismissal. In Texas, a Child Protective Service case may be dismissed should the judge deem there to be a lack of evidence to warrant such an investigation or indictment, or if CPS is satisfied that certain circumstances are met.

How long can a CPS case stay open Texas?

How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 – 90 days or longer, depending on what is needed.

How do I get my CPS case dismissed in PA?

Remember: CPS can dismiss your case at any time they feel the child is in no real danger or if all agreements, services and requested tasks have been completed. A judge can also dismiss a case if CPS fails to provide sufficient evidence of abuse or neglect.

Can you sue CPS in Texas?

For starters, filing a lawsuit against the government, of which CPS is a part, is very difficult to do. I don't want to take up a great deal of time discussing the legalities of using the state of Texas, but legally speaking, it is possible to file a lawsuit against Child Protective Services.

Who governs CPS in Texas?

DFPS's rulemaking authority is established by Title 10 of the Administrative Procedures Act (APA). The following parts of the Texas Administrative Code contain the agency rules under which CPS and CPI operate: Title 40, Chapter 700 (Child Protective Services)

What happens if you break a CPS safety plan in Texas?

It's up to the department what happens if a family violates an agreement, but the possibility includes showing up with a police officer and a court order to remove the child.

What can CPS legally do in Texas?

The Texas Family Code states that CPS can investigate reports that a child has been or is being abused or neglected. Anyone can initiate the report (e.g., teachers, grandparents, neighbors, an ex-spouse, etc.), and because this can be done anonymously, you will likely not know who made the claim.

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.

Can you appeal a CPS decision?

Following the conclusion of the VRR process, there is no scope for any further review by the CPS and if the victim remains dissatisfied with the decision and/or wishes to challenge it further, then the victim should apply to the High Court for a judicial review.

Who oversees CPS in PA?

Pennsylvania's Child Welfare System is a state supervised and county administered. Every county has a Children and Youth Services Agency that organizes and manages the services that are available in that county. The name of the Children and Youth Services Agency may vary in each county.

What can CPS do and not do in PA?

CPS cannot enter your home without your permission. Although CPS can show up to your home without notice, they cannot enter without your consent. Unless CPS has a court order, or they believe your child is in immediate danger, they can't enter your home unless you say it's okay.

Call or Text Us Today! (919) 870-0466 Call Now

We tailor our representation based on the specific allegations made regarding your family and children. While your case may not be in court, there are many ways we can assist you reach a fair and positive outcome for your family, including:

How We Can Help During a CPS Investigation

We tailor our representation based on the specific allegations made regarding your family and children. While your case may not be in court, there are many ways we can assist you reach a fair and positive outcome for your family, including:

What rights do you have if you let a CPS worker into your home?

If you let them into your home, you have just waived your constitutional rights.

What to tell a caseworker about a charge?

During the caseworker’s first contact with you, she is required by federal law to tell you, in detail, about the charges against you. Do not settle for a vague “neglect” or “abuse” charge. However, demand to know the details of your charges: who, what, when, and where.

Can you admit guilt for neglecting your children?

In addition, never under any circumstances admit guilt or partial guilt. Uncertainty, mistakes, and “mommy guilt” are one thing. However, admitting to the abuse or neglect of your children is entirely different.

Can parents be presumed innocent?

Parents are not always presumed innocent. Sometimes, CPS workers have already determined you are guilty if there is a report and is looking for things to use against you in court.

Is it legal to videotape a conversation in Michigan?

In Michigan, it is perfectly legal to secretly record or videotape any conversation you are a part of.

Is it good to be guilty of a call made against you?

Chances are good, however, that the agent already believes you are guilty if a call was made against you.

Can CPS workers lie to you?

CPS workers can lie to you. They may tell you they’re there to take your children, and they may even have a police officer with them.

What is CPS testimony?

CPS cases often involve testimony from medical experts, and time consuming eyewitness testimony from people who interact with you and your child on a regular basis. Then there’s the issue of testing for rare diseases and genetic conditions that would explain a child’s “injuries.”. None of that even features on the radar when a court appointed ...

How are CPS cases different from other types of cases?

CPS cases are very different from other, criminal cases! CPS cases are very different from other types of criminal cases. CPS workers are allowed to come into your home, discuss your situation with you under the guise of helping you, and then turn all of that information over to the cops.

Do money, time and experience matter in a CPS case?

Money, time and experience matter in a CPS case! Fighting CPS is not like any other kind of legal battle – not that we recommend you get a court appointed attorney for any other kind of legal entanglement either. But still, you need to understand that dealing with CPS requires a very specific skill set, and a very specific understanding of the law.

Do police have to mirandize you?

They’re not required to mirandize you before they speak to you. Which means they can take anything you say (often completely out of context) and use it against you, and there’s nothing you can do. They also don’t have to tell you that whatever you say could end up in a police file, or be used against you in court.

Do you have to tell a lawyer what you say?

They also don’t have to tell you that whatever you say could end up in a police file, or be used against you in court. They don’t even have to be honest with you. So with that in mind, imagine how damaging it would be to be defended by an attorney who doesn’t even have the time to talk to you before appearing next to you in court. Your case is trashed before it even got started.

Is CPS a challenge?

Fighting CPS is a very challenging prospect. And if you’re being represented by a court appointed attorney, the truth is you’re pretty much facing them alone. And having duked it out with CPS over and over, for decades now, we know how challenging it can be.

What starts a CPS investigation?

CPS receives reports of suspected child abuse or neglect. Reports that the agency determines to be likely to meet the legal definition of abuse or neglect trigger investigations. Sometimes, however, CPS can determine a report does not actually merit an investigation.

What services does CPS provide?

Mental health services, such as counseling, for parents, children, and families. Psychological and psychiatric services. Parenting and child management classes. Self-help groups. Family preservation services. Where CPS determines there is a danger to a child’s health, safety, or welfare, law enforcement can take the child into protective custody.

What is the CPS required to do?

CPS is required to find and notify both parents about the ongoing investigation.

What you need to know about a Child Protective Services (CPS) case?

Child Protective Services (CPS) is the state government agency responsible for investigating reports of child abuse or neglect. Depending on the state, it may be known under a different name such as the Department of Youth and Family Services, Department of Family Services, or Department of Social Services, to name a few. CPS (or the associated Department) is usually represented by the state Attorney General’s office.

What to do if your client is falsely accused of child abuse?

If your client has been falsely accused of child abuse or neglect, you can help your client avoid the emotional harm of prolonged a CPS case, especially when they are deprived of child custody, by getting their CPS case closed quickly.

Why is the identity of the person who reported the abuse or neglect confidential?

This is to protect the reporter from the possibility of retribution from the alleged abuser.

Can abuse be dismissed in another state?

What constitutes abuse or neglect in one state may not be treated as such in other states. If from the onset, the allegations in the complaint do not actually constitute abuse or neglect, then it may be dismissed, upon motion, on the grounds that the complaint fails to state a cause of action. This dismissal must be granted by the court.

Can a judge dismiss a CPS case?

Can a judge dismiss a CPS case? In short, yes, and going to court may not even be necessary. Here are some ways to get a CPS case closed quickly.

Can CPS reject a complaint?

For instance, if the complaint was previously investigated, has no basis, or if the allegations do not constitute neglect, then CPS may reject the complaint and will not initiate a case. However, if CPS finds that the report provides enough reason to believe that the reported facts are likely to constitute abuse, CPS may start its investigation. Upon assessment of the urgency of the report, and depending on state laws, an investigation will typically begin:

What happens if you are not home when the CPS worker arrives?

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.

How long does a CPS investigation last?

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.

What is a CPS social worker?

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.

What does CPS want to know about a family?

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.

What does CPS do to parents?

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.

Can a CPS talk to a child?

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.

Can CPS take kids away from their families?

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.