If you have an open CPS case take notes on every regulation that’s being violated by your caseworker. Get photocopies of the regulations that are violated. Next, review your court order to see what orders may be violated by the caseworker.
Full Answer
What do you do? Hello, my name is Ryan Cannonie, I’m a CPS Lawyer with the CPS Investigation Defense Law office. So, what do you do in this situation? Well, the first thing you’re going to want to do is to call an attorney to talk about what should or shouldn’t happen during investigations.
Jul 26, 2016 · As you see, when CPS comes knocking on your door, you're in a dangerous position. Talk to a seasoned child abuse defense lawyer before you agree to speak with any CPS/CWS social worker. If you do speak with a social worker, make sure you tape record the conversation. I represent clients accused of child abuse or neglect throughout California.
1: Take any accusations seriously. No matter how absurd or unbelievable the CPS/DCFS social worker’s claim (s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused. Even if the social worker doesn’t admit that s/he is at your home to take your children, often times that IS …
Feb 08, 2017 · A lawyer knowledgeable in the dependency system can help address the concerns of the CPS investigator, determine what you need to do to have your child returned to you and may even be able to keep your case out of court. The moment CPS becomes involved in your life, you should have an attorney on your side. Attend your appointments
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.Dec 30, 2020
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.Jun 15, 2020
The CPS caseworker has the obligation and authority to petition the Family Court to mandate services when they are necessary for the care and protection of a child. CPS has 60 days after receiving the report to determine whether the report is "indicated" or "unfounded".
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
No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and...
Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “...
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS l...
An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...
Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...
If a County CPS/DCFS social worker requests that you invite them into your home politely refuse. If he or she insists or suggests that not allowing...
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own...
Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any...
If your children are removed from your home, or the court is demanding that your children must soon leave your home for some period of time it is a...
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If yo...
If you are innocent of neglect or abuse why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations? If you are accused or charged with neglect because someone has informed the county CPS system that you are addicted to drugs or alcohol, the social worker who is investigating those accusations may have good-reason to be concerned for your kids’ safety.
Just like a police detective intent on hauling you to the police station for questioning would love for you to willingly invite them into your home, a CPS social worker who is openly or secretly intent on taking your children from you WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY THE REMOVAL OF YOUR KIDS.
If you don’t talk to them –just as you are always told to never voluntarily talk with the police if they are accusing you of a crime– you take their power away. They will not be able to use your own admissions, statements, and your very words against you.
As government is getting bigger and bigger every year they are getting more and more powerful and intrusive in the lives of ordinary citizen s. We are all a bit nervous and threatened by the power of the state as we witness weekly examples of government power wielded unfairly on Investigative TV News programs and in the lives of our own families and friends.
Subjective reports of what a child said or did not say is hardly ever adequate. Ask that any interrogation be recorded. You could produce your own recorder (as a back-up) just in case the CPS or DCFS investigator “loses” their tape between the interrogation and a subsequent court hearing where you might have “wished” that you had such a tape.
In criminal law it is ALWAYS strongly suggested that you talk to NO ONE but your attorney. Think about it. Virtually ALL CHARGES that CPS or DCFS levels against you are CRIMINAL CHARGES. And while CPS or DCFS is there ONLY to take your kids, the police can and often will show up later for the parents! In fact, open your mouth and tell the CPS investigator just enough to “make their case” and you can start packing an overnight case as the police will be called by CPS who will be at your door to take you away.
If your child is on medication or requires extra support in school, make sure to inform the investigator. In addition, at the outset of your case, if you have any Native American Heritage, you need to let your investigator know immediately as this will affect the way your case is handled.
Provide the investigator with names of friends or family members that can take your child. If CPS decides that your child cannot stay with you in your home, the child will be taken to a CPS facility if there are no friends or family that can take the child.
There are a few ways you will find out if CPS is investigating you. For example, if there is a domestic violence incident at your house or there is some kind of incident in your home and the police come. Many times, the police will tell you they have to make a referral to CPS because police officers are mandated reporters.
An accusation is enough to initiate an inquiry by CPS. The accusation might be from a police officer, a therapist, a teacher, a doctor, or a neighbor. Anyone can call CPS and make an accusation against you, even an ex-spouse who just wants to make your life miserable.
CPS has certain statutory timelines to go out to the home, find you, or talk to the kids, depending on the accusation. For example, allegations of sexual abuse have a shorter timeline for them to respond. Allegations of domestic violence have a bit longer timeline for them to respond.
If you believe the bill that you’ve received is outside of the context of your agreement, don’t pay it. Ask your lawyer about why the bill is the amount it is and—if you disagree, ask for a reduction. If the lawyer refuses to do so, consider filing for a nonbinding fee arbitration with a state or local bar association. Arbitration allows an outside party to become the neutral decision-maker when regarding bills and finances. It can be binding or nonbinding which allows you to reject the arbitrator’s assessment. Find out more from our local association.
It is very hard to win a malpractice case because of the amount of evidence you need to prove that the lawyer failed to use the ordinary skill and care that would be used by other lawyers in handling a similar problem or case under similar conditions.
Some basic rights that you are entitled to include proper and effective communication/correspondence between a client and his or her attorney, the competency of the attorney to know the core knowledge and expertise of a client’s legal issue, the work was completed ethically and the agreement of fees is followed. As a summary, you can and should expect your lawyer to do the following: 1 Give you guidance regarding your legal circumstance 2 Keep you up to date about your case 3 Tell you what he or she thinks will transpire in your case 4 Allow you to make vital judgments concerning your case 5 Give you an assessment about what your case ought to cost 6 Help you in any cost-benefit evaluation that you may need 7 Keep in communication with you 8 Inform you of any changes, delays, or setbacks 9 Give you the information you need to make educated decisions, and 10 Prepare you for your case, including disposition and trial preparation.
Yes, you can. However, you would have to prove that your lawyer did so without your authorization because the settlement was far less than what you were truly owed and didn’t effectively represent your case or that the lack of communication was systematic.
These basic pieces of malpractice are all due to problems associated with troubled attorney-client relationships. They are normally set off by a lack of communication, dishonestly and incompetence, inadequate legal work, arbitration, and billings.
While it may be upsetting to not get the compensation you thought you deserved based on your attorney’s comments, you cannot file a malpractice claim against this fallacy. You can, however, get your file from the lawyer and get a second opinion on your case.