what type of attorney for vharges brought by cps

If you are being investigated by the Child Protective Services (CPS), or a Department of Social Services (DSS) mandated with child protective responsibilities you need legal representation today. Your attorney can help defend you against a child protection lawsuit. It is best to retain a lawyer experienced in child protection cases.

Full Answer

Should I talk to a lawyer about a CPS case?

Feb 18, 2010 · It depends. It depends whether you are talking about criminal charges brought by the police or district attorney or a civil investigation by child protective services. It depends whether you are being charged or investigated or if you want to …

What to do if you are accused by a CPS worker?

At Vincent W. Davis & Associates we advocate vigorously for the rights of parents and guardians in Juvenile Dependency Court. If you have an emergency dependency hearing with Child Protective Services (CPS) or Department of Children and Family Services (DCFS), attorney Vincent W. Davis will prepare the necessary legal paperwork and be ready to help you on a …

Are You being investigated by Child Protective Services?

Why hire a Child abuse attorney. A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

What is Child Protective Services (CPS)?

2: Ask what the accusations and charges are. 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 “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with ...

How long does a CPS case stay on your record in Texas?

Information from an inconclusive or unsubstantiated report shall be deleted from the index after 10 years if no subsequent report concerning the same suspected child abuser is received within that time.

How do you beat 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.Dec 30, 2020

How do I fight a false CPS report in Texas?

Take the following three steps to protect your rights when facing false allegations of child abuse in Texas:Cooperate with the investigation. ... Collect evidence to prove that the allegations are false. ... Hire a family lawyer to protect your rights.Aug 2, 2021

How do I get a CPS case dismissed in Texas?

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.Mar 2, 2021

Can you sue CPS in Texas?

What You Need to Know About Suing Child Protective Services in California. Individuals can sue Child Protective Services (CPS) in California when their civil rights have been violated.Jun 9, 2021

What rights does CPS have in Texas?

First, you have the right to show CPS that you can keep your children safe! You also have the right to speak with a lawyer at any point in the investigation. You will not be given a free court-appointed lawyer at the investigation stage, but you always have the right to hire your own lawyer.

Can you sue someone for making false claims to CPS Texas?

Absolutely, they can be sued and should be sued.

Is it illegal to file a false CPS report in Texas?

Knowingly making a false report of child abuse or neglect in Texas is a State Jail Felony offense. The punishment range for this offense is 180 days to 2 years in a State Jail Facility and a fine up to $10,000.Dec 5, 2017

Can you find out who called CPS on you in Texas?

Theoretically, you can't. Many people who make CPS calls do so anonymously. Unless the person feels compelled to tell you they called on you, you are likely not going to know.

What happens when a CPS case is closed in Texas?

After the case is closed, CPS receives a new report of child abuse, which prompts the agency to reopen the closed case for further investigation.Jul 4, 2021

How does a CPS investigation work in Texas?

CPS Investigations in Texas Investigate the criminal record of the individual or people accused of the abuse or neglect; Tell you about the safety concern for the child; If deemed necessary, make a safety plan for the child.

What is a CPS monitor?

The CPS Commercial Monitoring Package is a complete data acquisition, monitoring and control package aimed for small to medium commercial applications. This turnkey solution includes a customer facing Monitoring Portal, Flex Gateway data logger, site activation mobile App, and Revenue-Grade site meter.

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...

Ask What The Accusations and Charges are.

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 “...

Say as Little as possible. in Fact – Be Quiet!

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...

The Minute You Become Aware That Your Family Is Being Investigated, You Must Find An Attorney Who Has Experience in Fighting CPS Or DCFS.

An attorney EXPERIENCED in CPS and DCFS cases and courts is mandatory! Juvenile Dependency courts are worlds unto themselves. Your most seasoned an...

Be Courteous and Polite to CPS Social Workers & Investigators.

Let’s face it, when a “government investigator” –without any advanced notice– knocks insistently on your door, well-dressed, looking all official w...

Never Invite Any CPS Or DCFS Social Worker Or Investigator Into Your Home Unless He Or She Has A Warrant Or Court Order.

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...

Demand That CPS Tape Any Interrogation of Your Child.

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...

If You Are Accused of Physical Abuse, Immediately Have Your Doctor Give Your Child A Thorough Physical Exam.

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...

Create A List of relatives and Friends Who Are Willing and Able to Care For Your Children If CPS Takes them.

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...

Never Admit Guilt, Even If Pressured by A CPS Social Worker to Do So in Exchange For Leniency Or Getting Your Kids back.

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...

Linda Jane Chalat

It is not clear why you wish to find a lawyer, but the Colorado Bar Association provides a directory that should help - http://www.cobar.org/directory/index.cfm?ID=20037.

Michael L Rich

It depends. It depends whether you are talking about criminal charges brought by the police or district attorney or a civil investigation by child protective services. It depends whether you are being charged or investigated or if you want to have someone else charged or investigated.

What to do if you are accused of physical abuse?

If you are accused of physical abuse, immediately have your doctor give your child a thorough physical exam. 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 concern or suspicion of child abuse or neglect.

How many juvenile cases has Vincent Davis handled?

Mr. Vincent W. Davis and his firm have handled more than a thousand juvenile cases over the past 30 years, where they have represented parents, family members, foster parents and even the children themselves.

What a Child Abuse lawyer can do for you

If a child has been the victim of emotional, physical, or sexual abuse, a child abuse lawyer can help you figure out the right child custody, visitation, or guardianship to protect the child. If you are accused of child abuse, a child abuse lawyer can also determine the best strategy to defend against the charges or clear your name.

Why hire a Child abuse attorney

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

Did you know?

About 30% of abused and neglected children will later abuse their own children, therefore continuing the cycle of abuse.

Why would you buckle to the pressure of a CPS agent’s demands to have you admit to false accusations?

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.

What happens if you don't talk to the police?

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.

Can a CPS take your kids?

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.

What happens when a government investigator knocks on your door?

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.

Can you record what a child said or did not say?

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.

What does a CPS social worker do?

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.

What is the best way to contact Childhelp about child abuse?

If you suspect that a child is being abused, contact the Childhelp National Child Abuse Hotline at 1-800-4-A-Child.

How long can you go to jail for child abuse?

Incarceration. Jail or prison sentences are very common with child abuse convictions. A misdemeanor conviction may bring a few days, months, or up to a year in jail, while felony convictions can easily result in sentences of 10 years or more in prison. Probation.

Is child abuse a felony?

Child abuse laws often allow for both misdemeanor and felony punishments for anyone convicted of the crime. The difference between the two often depends on the type of harm a child experiences. For example, an adult that sexually abuses a child is typically charged with a felony, while a couple who exposes their child to domestic violence may be charged with a misdemeanor.

What is child abuse?

Assault. Child abuse laws criminalize physical attacks against children or actions that result in harm to the child. Minor injuries, such as bruises, or more serious injuries, such as burns or broken bones, are all abusive if the adult intends to inflict them upon the child.

How long does probation last?

A court, for example, may give a probation sentence to a couple who exposed their child to domestic violence. Probation terms typically last at least six months but can last a year or more.

What are the penalties for child abuse?

State laws differ widely on the fines imposed for a child abuse conviction, but fines of several hundred to several thousands of dollars are common. Incarceration. Jail or prison sentences are very common with child abuse convictions.

What happens if you violate probation?

If a person violates the probation terms in that time, the court may then impose the original jail sentence, fines, or additional probation. Other penalties. When child abuse involves a parent, guardian, or someone with legal custody of a child, a court can also limit parental rights.

What is the purpose of child abuse laws?

While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused. Below are some of the more common child abuse defenses that a person may assert when facing child abuse allegations.

Can you defend yourself against child abuse?

Defending yourself against a child abuse charge can be difficult especially if it involves the testimony of a child. Combine that with the media's negative depiction of child abuse offenders and it may seem impossible to over come the har sh realities of a child abuse allegation. While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused.

What are some examples of child abuse?

Examples of true accidents may include pushing your child on a bike and causing them to fall and scrape their knees or unknowingly slamming your toddler's hand in the door. When a child's injuries are a result of an accident, a person may raise this as a defense against child abuse charges but courts are split as to whether to prosecute parents who accidentally cause harm to a child when acting with negligence (such as leaving a sleeping baby in a car alone on a hot day).

Can parents discipline their children?

Parents are generally free to discipline their children in any manner they choose, so long as the discipline is reasonable and causes no bodily injury. The question of how a parent disciplines a child (such as through spanking or threat of spanking), however, is often the subject of many child abuse cases.

What is brittle bone disease?

For example, one type of disease called "brittle bone disease" has been raised as a defense to show that one's injuries were the result of a disorder that causes a child's bones to break easily, and not a result of child abuse. This line of child abuse defenses is essentially focused on the question of causation and whether the person accused ...

Can a parent be exempt from child abuse?

Even though it's hard to grasp the thought of a child dying from an easily treatable illness, parents may claim an exemption to child abuse for religious reasons when a child dies because of a parent's failure to seek medical care for their sick child. Although controversial, this religious exemption is a defense in all but a handful of states, and allows parents to escape charges of child abuse if they choose to pray for their sick children rather than take them to a doctor.

What is MSBP in medical terms?

MSBP is used to describe incidents in which a child caregiver, usually the mother, either lies about or promotes illnesses in their children in an attempt to draw attention or sympathy to themselves. This defense usually requires proof of psychological or medical data, and is basically a type of insanity defense.

What is an "other person"?

Generally, the “other person” is the child’s parent, when another person is alleged to have committed the abuse or neglect (i.e. the other parent, his or her spouse, your spouse or another family member). If you receive notification as an “other person” you are not being investigated yourself, you are simply being advised ...

How to report abuse in New York?

In New York State, individuals report suspected abuse or maltreatment to the Statewide Central Register ( SCR) by calling a toll-free hotline, 1-800-342-3720. Some individuals, such as teachers, social workers, doctors, etc., are mandated reporters; meaning they are required by law to “hotline” cases of suspected abuse or maltreatment.

When is a registry check required?

Most commonly, registry checks are performed when someone applies for a job seeking to work with children. And, in child custody proceedings, the courts are required to perform registry checks.

Is neglect a criminal case?

It is important to note that a neglect proceeding in Family Court is not a criminal proceeding. If the abuse or neglect you are alleged to have committed is severe enough to warrant criminal charges (e.g. child endangerment), you will be prosecuted separately in a criminal court.

What happens if you go to trial?

If you go to trial, there is no jury. The Family Court Judge is the ultimate finder of fact. If the Department is able to prove its case, the court will make a “dispositional order” directing you to do (or not do) certain things.

How long does it take for a child to report abuse?

CPS then begins an investigation, which it has 60 days to complete. At the end of the investigation, CPS determines whether the report is “indicated” or “unfounded.”.

What is the goal of family court?

The main goal of Family Court is reunification. So even if there is a finding of neglect, and your children are not immediately returned, the initial permanency goal is almost always “reunification.”.