· Ours is the only law firm in the State of Connecticut that is devoted, full-time, to full-service DCF defense for private paying adults. DCF, or Dept. of Children and Families, is Connecticut’s CPS. We have three full-time lawyers and a full-time paralegal, and practice in courts and DCF offices throughout the state.
· October 18, 2016 at 9:21 am. File for a Marsden Hearing and if you have a court appointed attorney, fire him/ her and hire your own by contacting the state bar association, they can refer you to an attorney. File a complaint with hhs through Washington, DC…www.healthcare.gov. (800) 368-1019.
· You have various options for getting an attorney: 1. Search yellow pages 2. Contact your county bar association, explain your situation and request a referral to a civil rights attorney. 3. Use the avvo.com search option. 4. Call a Virginia Legal Assistance (Legal Aid) organization and request assistance. 5.
Introduction. Probably no other public agency leaves victims and advocates more perplexed than Child Protective Services. On the one hand, people think of CPS with appreciation as they envision a selfless agency rescuing innocent children from horrific conditions. Indeed, CPS workers across the country do this routinely.
How to stand up for yourself during a Texas CPS caseRepresenting yourself means being assertive for you and your child. ... Keep in touch with the CPS caseworker. ... Take it upon yourself to complete the necessary steps in your case. ... If the judge issues orders in your case, are sure to follow them exactly.More items...
Call the Office of Consumer Relations - Texas Department of Family and Protective Services at 1-800-720-7777 during regular business hours or email OCR@dfps.state.tx.us.
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.
To initiate your lawsuit, file a complaint in the federal district court that has jurisdiction over the CPS agency. Then, have CPS served with the complaint and evaluate their response with your attorney.
Jaime Masters is the Commissioner of the Department of Family and Protective Services (DFPS). She was appointed by Governor Greg Abbott effective December 2, 2019, for a term set to expire September 1, 2021.
Unfortunately, unless your civil rights are violated, you likely won't have any legal claim against Child Protective Services. Typically cases don't come out of the agency's day-to-day processes or its representative's routine actions. So, you likely won't be able to sue for emotional distress.
A child is not given sufficient food, shelter, clothing, or medical care, A child is suffering from serious emotional damage, or. A child's home is dangerous because of neglect, cruelty, physical, sexual, or emotional abuse by someone in the home.
Evidence against you was illegally obtained If the inadmissible evidence forms a large part of the case against you, the prosecution will not have sufficient evidence to provide a realistic prospect of conviction. As a result, the CPS are likely to drop the charges.
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.
Introduction. Civil claims are governed by the Civil Procedure Rules (CPR) and the associated Protocols and Practice Directions. CPS Proceeds of Crime (CPSPOC) has a dedicated Unit – the Civil Litigation Unit (CLU) - responsible for civil litigation claims brought against the CPS arising out of prosecution casework.
The Ohio Department of Job and Family ServicesThe Ohio Department of Job and Family Services supervises the state's child protective services programs, which are administered locally by 88 county public children services agencies (PCSAs).
While Social Services are expected to perform their duties to the best of their abilities, there are times when they have failed in their duty of care. If you feel that you have suffered traumatic consequences because of their negligence, you may have a right to pursue a claim against Social Services for compensation.
I don’t give referrals because I don’t know any attorneys well enough to confidently recommend them. If you want to leave a message here, hoping that an attorney will see your message and contact you, you’ll have to leave either a phone number or email address in the body of the message.
If you leave your contact information in a comment on this page, a lawyer might contact you but there’s no guarantee. If you’re contacted by anyone, please be careful to check the person’s true identity. You are responsible to verify that the person is in fact, an attorney capable of helping you in court.
Do NOT write out your entire case history. Less is better. Most busy attorneys don’t want to read long messages. Keep it as short as possible
If you’re looking for a PRO-BONO attorney, one that will work for free, don’t be surprised if that person is nearly impossible to find. I don’t know of any attorney s who want to work for free. They like to be paid for their services. However, you can try these websites: Justice Denied :: ABA Directory of Pro-Bono Programs :: Bet Tzedek
DON’T – Ever miss a visitation opportunity with your kids. Missed visitations or drug tests will probably be held against you in court.
DON’T – Expect an attorney to do all the work for you.
There are no lawyers working for this website and I cannot give referrals. FightCPS isn’t an organization – it is just a website run by one person.
You have an interesting situation. You may be entitled to file an action on behalf of yourself and perhaps on behalf of your children as his/her next friend. You may be entitled to file a 42 USC section 1983 action for violation of a statutory and/or constitutional right.
You have various options for getting an attorney: 1. Search yellow pages 2. Contact your county bar association, explain your situation and request a referral to a civil rights attorney. 3. Use the avvo.com search option...
The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing she could think of was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes. Usually, she would just go in by herself and go right to sleep.
When? As soon as you realize your family is being investigated. The sooner an experienced attorney enters the picture, the sooner he or she can put a stop to abusive CPS tactics. Please note that I said experience in FIGHTING CPS. Many attorneys- if not most – believe their role is to find out what CPS wants and make sure their clients do it. That way often leads to disaster – and the loss of your children.
Parents are routinely accused of ridiculous things: trying to sell their children to relatives for drug money; molesting a child in the living room during a family party; beating a child with a baseball bat – without leaving bruises. Yes, those were real calls to CPS – all taken as true by investigators. I don’ t care how absurd or unbelievable the caseworker sounds. Understand that SHE is serious, and likely presumes – no, likely “KNOWS” that you are guilty as accused. Even if she doesn’ t flat out say that she’ s there to take the children, she is quite possibly intent on doing just that. In testimony to Congress, Chris Klicka, senior counsel for the Home School Legal Defense Association, stated that a case worker with 30 years’ experience once confided in him that “When I started working, we tried to prove the family was innocent. Now we assume they are guilty until they prove they are not.”
If you say nothing to them, you have taken away their greatest weapon, which is their ability to twist your words.
There is no compromise on this. There are no exceptions. If you invite a caseworker into your home, you have waived your fourth amendment protection. And if the caseworker is intent on taking your children, SHE WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY IT. THAT IS A GUARANTEE.
Under no circumstances should you let any government agent in your home unless he or she has a court order. Ask to see the warrant or order, because the CPS worker may lie and say she has one when she doesn’t. When she doesn’t have one, politely but firmly tell her that she will have to stay outside until she gets one. If she claims it’s an emergency, make her tell you what it is. Call her bluff – if it were a true emergency, she would not be asking – she’d be there with armed police officers, forcing her way in. Do not even open the door to let her look at the children.
If officers do force their way in, do not physically resist. Make your objections clear, but stand aside. There’s no point in getting arrested, or risking injury or death. Your children need you fighting for them, and you can’t do that from a jail cell or hospital. Demand that you not be separated from your children, and that your children be interrogated only with your attorney present. (This demand will likely be ignored, but demand it anyway. The fact that they ignored you may become important in later court proceedings.)
Again, if the worker does not have a warrant, they will have no choice but to leave and schedule an interview at a later date. While the CPS investigator is there, they may try to ask you questions even if you have asked for time to consult with an attorney. Again, be calm and polite and say as little as possible.
CPS is obligated to investigate allegations of abuse and neglect. Unless the worker shows up with a warrant or court order, the investigator only has the information provided by the person alleging abuse or neglect to go on along with any information you provide.
CPS must investigate every claim of abuse and neglect. However, good parents may lose their children because they weren't prepared to have CPS show up at their door. We have compiled this list in the event CPS knocks on your door.
Be strong and do not be intimidated by the investigator. You have the right to have each interaction with CPS recorded as long as you tell them you are recording it.
The U.S. Constitution protects your rights to be free from a government search unless the investigator has a warrant. If the worker insists on entering your home, politely tell them no unless they can produce a warrant to search your home. Don't be surprised if the investigator returns with law enforcement.
Many times CPS investigators show up unannounced. If you have utilized an attorney before, you can tell the CPS investigator that you want time to call your attorney and have your attorney present for any questioning.
CPS has absolutely no right to enter your home unless they have a warrant signed by a judge. The only way an investigator can come into your home without a warrant is if you invite them in. Be advised that the worker may threaten you or threaten to take your children but remember this is an empty threat.
Mr. Tony M. -- " I appreciate your help in keeping those kids where they belong and getting this resolved. Your helpful in quite allot of ways. You helped me organized some paperwork, helped me get a foot in the right direction, some helpful advice, and also kept my spirits up throughout this whole thing.
Judge Michael Duncan (1st Judge): Willfully ignored the parent's request to have a second doctor's opinion on the pediatrician Dr. Julie Koch's claimed "forensic" examination - which concluded that there were NO injuries whatsoever discovered yet she still claimed that the spanking to the child's behind was an abuse. The pediatrician also made excuses to avoid showing up in court to testify about her so-called "forensic examination" and after two days of waiting for her to show up, the parent was simply bullied into signing a "Parental Reunification Plan" (by court appointed attorney Brendan Edge) - to force him to believe that he needed to stop worrying about his ------
This fee is also applied towards your flat-rate quote for hiring us after the case assessment, (of which fair and reasonable quote shall be based on this case assessment and given to you after the assessment between 1 – 3 business days after we use the assessment to research the people involved, county, jurisdiction, facts, circumstances, cross-reference similar cases, and legalities of your case).
Our firm fully investigates Child Protective Services corruption cases where our powerful investigative efforts have in fact been the exact reason why many of our clients' children have been returned to them. Our clients thank us over and over again for being the one true reason why they've been able to finally get back their child or children, and to also pursue the most probative evidence towards preparing it for trial against these corrupt persons and their departments.
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.
An angry demeanor toward the CPS social worker or DCFS investigator is considered evidence of your guilt. Your perfectly natural, upset and angry reaction to being accused of harming your child will very OFTEN BE USED as evidence of your violent and abusive personality.
Sure, it is totally natural that innocent parents who have nothing to hide will want to explain everything to a CPS social worker because such parents would assume that ANY reasonable person would see that there is nothing wrong going on. But CPS and DCFS social workers are commonly ANYTHING BUT reasonable. They become entrenched in a culture that is uniformly cynical about ALL PARENTS. Frankly, you are presumed guilty by the majority of CPS and DCFS agents. The exhausted, over-worked social worker who just fought the crowded freeways to make it to your home is there on a mission. That mission is most often to find evidence to support what the social worker already believes to be true – that you abused your child just as the neighbor, relative or anonymous tipster claimed.
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.
It makes their task of finding needed evidence against you so much easier! If the CPS/DCFS government agent cannot produce a warrant, firmly but politely tell them that they will have to remain outside until a warrant is presented. They will be annoyed. But you will be far better off – legally.
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.
What could your reaction possibly be to a surprise home-visit from a government agent? No one appreciates surprise visits by any one! Perhaps the dishes are unwashed; maybe you haven’t cleaned house for a day or two; say that there are a collection of beer bottles on the coffee table from the football game the day before; could be that you’re not dressed in appropriate attire as you would be IF EXPECTING guests… So when you are surprised and ACCUSED TO YOUR FACE of child neglect or child abuse it might be natural that you are shocked, defensive, upset, angry and a little hostile. As Homer Simpson would say: “Do’ah!”
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.
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 have a year to prove yourself to CPS. You need to form a success strategy with your lawyer. This will include taking steps to improve you life and then showing CPS what you have done. You will have to persuade the child’s lawyer that the child belongs with you.
Ask for exact information from CPS, they will often use phrases such as “we have concerns” or “it has been alleged” or “we believe”