A knowledgeable cps lawyer can guide you through the process. An attorney will coach you on how to proceed and give expert guidance on hearings, negotiating, trials, and enforcing court orders. Take the first step now and talk to an experienced local cps attorney.
Look for cases that have the Department of Social Services (or whatever they call it there) as a defendant. Then find out who the attorneys for the CPS victims are. In this way you’ll probably find lawyers who are willing to take on CPS cases. If there’s nobody available in your county, try nearby counties.
Attorneys can help you present your case, answer CPS questions, and guide you through any safety plans or other results of your investigation. Even the most common family law issue can be intensely stressful to you. A knowledgeable cps lawyer can guide you through the process.
CPS investigations are not criminal investigations, but if the investigators believe the situation warrants criminal charges they may present their findings to your local prosecutor who could decide to open a criminal case against you. What Happens After a CPS Case is Closed?
These reporters don’t need to have proof of definite abuse or neglect; if someone believes a child may be experiencing abuse or neglect, they can call CPS to open the investigation to determine if those concerns are warranted. Some people are mandated reporters, that is, they are required to report any suspicion of possible negligent and abuse.
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. Conduct your own investigation.
The CPS Investigation Process The county division of CPS has 24 hours to open an investigation and make contact with the child in question. This usually entails going to the child's home, seeing the child, and speaking with their parents or legal guardians.
Yes, CPS can reopen a closed case.
about 45 daysAlthough it depends on the particulars of the case, CPS usually has about 45 days to complete an investigation. If an investigation takes longer than this time, CPS has to notify the parents with reasons for its delay.
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.
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.
If the Department of Child Safety received a report before September 1, 1999, and determined that the report was substantiated, the department shall maintain the report in the central registry until 18 years from the child victim's date of birth.
If you refuse to take a drug test, CPS will file a lawsuit to obtain a warrant. However, the caseworker must be able to prove probable cause to obtain the warrant.
Cases may be closed in the following circumstances: Social work objectives / goals have been achieved and no further input is required. The family require ongoing support but there is no role for Social Care.
You have every right to refuse any social service people admission to your home. They would have to go away and get police assistance + court order (they would have to provide enough evidence to a judge it was an emergency, that your kids were at risk).
California law holds that CPS reports are confidential and may only be disclosed as provided by law.
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.
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When you are at risk for losing the right to care for your own child, you will need high-quality legal guidance from an attorney who has a complete understanding of the matter at hand. Several attorneys at our firm are Board Certified in Family Law by the Texas Board of Legal Specialization. Board certification means that the lawyer has relevant experience in a specific field of law. In our case, this experience shows that we are accomplished in the field of family law.
The process of board certification is voluntary and is accomplished by an attorney with:
Lawyers who are Board Certified have the right to present themselves as specialists in their specific area of law. According to the State Bar of Texas, attorneys who are Board Certified are the only ones who are allowed to call themselves specialists.
You need a lawyer. CPS is represented by the District Attorney. Your children will have their own attorney. You will not be successful representing yourself. Also, don’t fall for the line, “this is only temporary.” Many a termination case starts with such a representation.
Ask for exact information from CPS, they will often use phrases such as “we have concerns” or “it has been alleged” or “we believe”
At the end of the conversation ask the CPS worker to summarize her discussion with you, her findings, any actions she is considering taking and her reasons for taking those actions.
Many children are removed each year because CPS interpreted the Safety Plan differently than the parent did. Ask CPS when does the Safety Plan expire.
But the point is, you should never wait until you are in such a bad situation to find legal help. When CPS files to terminate you, they have had around 6 months to build their case against you and there is little your court-appointed attorney can do to erase the damage of what has already happened during the case.
The longer you remain in denial about your problem, the worse things will get. Remember, in a CPS case, you have one year to get your act together.
You need to cooperate. If you don’t cooperate, CPS will infer that you are attempting to hide something. Try to get some information from CPS about what they wish to discuss with you. Chances are, you probably know why they want to talk to you. Consult a lawyer and have legal counsel with you when you are interviewed. If you do not have time to obtain counsel and must participate in the interview, follow these guidelines.
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If you need CPS help in Arizona, contact Morse Law Group, a local practice in Phoenix, for legal representation.
Goldberg Law Group, a local CPS firm with years of experience helping clients in the Phoenix, Arizona area.
Cantor Law Group has experience helping clients with their CPS needs in Phoenix, Arizona.