why would cps get involved maine attorney general

Why have I been contacted by Maine DHHS CPS?

When Child Protective Services seeks custody of a child through court action, parents have the right to: have an attorney represent them in court; be told about any legal action involving their child; be offered services for the problems of child abuse and neglect; have a clear, written plan for services to help stop the abuse and neglect; and.

How many children are reported to CPS each year in Maine?

This guide is the first in a series about what happens when DHHS gets involved with families. This guide covers the very first steps in the Maine Child Protection process - our other guides cover later parts of this process. If you are in a situation where DHHS is becoming involved with your family, start here. Why has DHHS contacted me? DHHS has gotten a report about possible …

Who is in charge of the Maine Attorney General's Office?

The Office of the Maine Attorney General participates in litigation to protect the public interest and public rights of Maine citizens. Certain cases in which the Office is involved are highlighted here because of their particular importance to Maine people. Cases of particular importance often arise because of the number of Maine people affected, the significance of the issues …

Why doesn’t CPS take action against the perpetrators of child abuse?

Apr 06, 2021 · Contact our Harker Heights CPS attorney at The Law Office of Brett H. Pritchard to schedule a free consultation and discuss your situation. Our skilled CPS lawyers will fight for the return of your children. Call 254-501-4040 to receive a case evaluation. RELATED READING. What Does Child Protective Services (CPS) Look for When Inspecting a Home?

What makes a parent unfit in Maine?

What exactly is an unfit parent? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.Jan 1, 2022

On what grounds can social services remove a child?

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

How do I get a CPS case dismissed in Maine?

AbandonmentFailure to communicate meaningfully or to maintain regular visitation with the child for a period of at least 6 months.Failure to participate in any plan or program designed to reunite the parent with the child.More items...

What is a Jeopardy hearing in Maine?

Jeopardy Hearing At the Jeopardy Hearing, the court hears evidence and decides if the child is in “circumstances of jeopardy” to his or her health or welfare. Unless there are special circumstances, the Jeopardy Order must be issued within 120 days (approximately four months) after the date the Petition was filed.

What is the most common reason for a child protection plan?

The number of children subject to a CPR due to physical abuse and multiple causes has increased, while there has been a decrease in referrals for neglect, emotional abuse and sexual abuse. Scotland emotional abuse and parental substance misuse are the most common reasons for being on a CPR.

Do social services always win in court?

The main job of Social Services is to make sure that children are safe and that the standard of care which they receive is good enough (you won't have to be perfect). Most cases do not end up in Court.Aug 8, 2018

How long does it take for CPS to make a decision?

The CPS will usually conclude their review within 30 working days of the request, but in some complex cases, this could take longer. If the victim is not satisfied with the CPS' review decision, they can lodge an application at court for a judicial review, to challenge the decision.

What does CPS look for in a home visit?

Many people wonder, “What does CPS look for in a home visit?” The major factors are making sure the home is a safe place for the child. For example, they look at the quality of the sleeping conditions, how much food is available, and if the child has enough clothing to determine if there's any sign of neglect.

How long does a parent have to get their child back from foster care?

Six months must have elapsed since the Court made the Care Order and you must be able to demonstrate that you have made positive progress during that time and changed your life for the better.

What is a guardian ad litem Maine?

A GAL is a person appointed by the court to gather information and prepare recommendations concerning children involved in some family matters and child protection cases.

What is the Maine Department of Health and Human Services?

The Maine Department of Health and Human Services (DHHS) has broad powers to get involved with families. When DHHS believes that a child is in danger, it must investigate to make sure the child is safe. But you have rights as a parent. Read this guide, and our other guides about Child Protection and DHHS in Maine to learn more about your rights ...

What is child abuse in Maine?

Maine law defines child abuse and neglect. Abuse can include physical harm to a child, and also emotional harm or sexual abuse. Neglect means that a child is not getting essential needs met by a parent, or that parent is not protecting that child from harm. This can include actual harm to a child or threat of harm.

How to report a child to DHHS?

DHHS gets all complaints about children through a hotline number. When they get the information, they will take one of three steps: 1 DHHS can decide that the complaint is “inappropriate.” They won't do anything except document the phone call. DHHS does this when they believe there is no truth in the complaint. For example, if a family member is upset, and just trying to get back at someone. 2 DHHS can decide that the likely risk of harm to the child is low to moderate. In these situations DHHS usually refers the case to an Alternative Response Program (ARP) Community Intervention Agency. These programs offer voluntary services to parents like counseling, substance use treatment, and parenting education. Parents do not have to use these services, but the ARP can tell DHHS when that happens. 3 DHHS can decide to start an investigation. They will assign a caseworker to the family who will do a “safety assessment.”

What does a CPS inspector look for in a home inspection?

During a CPS home inspection, an investigator will look for things like illegal drugs and firearms being left in the open, infestation, feces, piles of trash, rotten food, and other “environmental dangers.”

When can a child be removed from a parent's home?

Child Protect Services may remove a child from a parent’s home when the parent is guilty of “medical abuse.” Medical abuse occurs when a child receives medically unnecessary or even harmful treatments and procedures at the parent’s request.

Can a parent take a child out of the home?

In some cases, a parent may consent to the removal of their child from home. When a parent consents to have their child removed from the home, the child may be taken to a foster home or another relative’s home.

What are the duties of an attorney general?

The duties of the Attorney General are established by the Maine Revised Statutes Annotated, Title 5, Chapter 9 (PDF). These statutes direct the attorney General to discharge various responsibilities, including: 1 representing the State and its agencies in civil actions; 2 prosecuting claims to recover money for the State; 3 investigating and prosecuting homicides and other crimes; 4 consulting with and advising the district attorneys; 5 enforcing proper application of funds given to public charities in the State; 6 and giving written opinions upon questions of law submitted by the Governor, Legislature, or state agencies.

What is the job of a prosecutor?

prosecuting claims to recover money for the State; investigating and prosecuting homicides and other crimes; consulting with and advising the district attorneys; enforcing proper application of funds given to public charities in the State; and giving written opinions upon questions of law submitted by the Governor, Legislature , or state agencies .

How many divisions are there in Maine?

The Maine Office of the Attorney General is organized into 13 divisions. Each division is supervised by a chief attorney or other professional. The Attorney General is assisted in his management of the Office by a Chief Deputy Attorney General and a Chief Operating Officer.

What should I know about CPS?

Things Everyone Should Know About CPS 1 CPS is legally obligated to investigate every report, even false ones. However, there are exceptions to this rule. Below, you'll find a discussion of reasons why a report might go uninvestigated. 2 CPS can meet with your child without your permission. Although this might alarm you, there are very good reasons for this policy, which I explain below. 3 You do not have to let CPS in your home—even if they ask nicely. 4 You have rights. Below, I list the most important to keep in mind. 5 The investigation process is designed to be thorough. You may be asked some very "nosy" questions, and I explain why below. 6 CPS can't test you for drugs without your consent, but there are also many great reasons for giving consent. 7 CPS does not want to remove kids from decent situations, despite what you might believe. There are no bonuses or quotas to fill. 8 CPS can help you. They have access to a long list of tools and resources to help improve your home situation. 9 Cooperating with CPS is probably the smartest and most beneficial thing to do in the long run, for you and your kid. 10 CPS workers are people, too. It's best to remember that their ultimate job is to help, not hurt.

What can CPS do for you?

CPS can help you. They have access to a long list of tools and resources to help improve your home situation. Cooperating with CPS is probably the smartest and most beneficial thing to do in the long run, for you and your kid. CPS workers are people, too.

How long does it take to get a response from a court?

This is not a policy; this is the law. Case response time is 24 to 72 hours, depending on the case. Some factors, such as screening and routing, can take slightly longer. In general though, a case will get a response within 72 hours.

When did child abuse start?

In 1874, the first case of child abuse was criminally prosecuted.

What to ask a worker about their rights?

Ask your worker about those rights or research them on your own. If you get a surprise visit, you can ask for time to look up your rights. You have more control over the situation than you think. For example, you can say to a worker, “I’d like to talk to you in a few days after I’ve looked over my rights.”

Does CPS investigate abuse?

However, there are instances where they do not investigate or the case is closed without investigation. This typically happens when there is no real foundation to believe that there is abuse or neglect occurring.

What happens if you refuse a drug test?

The way you react to being asked to take a drug test matters. If you refuse, you can be court-ordered to take one. If you are court-ordered, they will take a nail scrape, a hair follicle, or some other type of test that looks further back into your history, and you will be required to take this test. So you can not “fool” a test or change the results by refusing, delaying, and requiring that a court order be gotten to buy you more time.

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 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 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.

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.

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.