so when fighting a case against cps what is the best to hire a attorney or a lawyer

by Ms. Fatima Schamberger 4 min read

Your attorney can help defend you against a child protection lawsuit. It is best to retain a lawyer experienced in child protection cases. Your attorney will defend you against the allegations brought against you, and help protect your parental rights.

Full Answer

Are there any lawyers working for fightcps?

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. If you’re already involved in a CPS case you may already have a court appointed attorney.

Do I need a lawyer for a CPS case?

Having a lawyer is the #1 means of making a CPS case go away in the early stages. No, you don’t need to sign or do a service plan if it is not court ordered. However if you refuse your caseworker may take this to court and take your child. This is why you need a lawyer NOW and not later.

What to do if CPS is violating your court order?

(These regulations are usually on the internet as well.) 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.

Can a CPS worker force a parent to do anything they want?

Since you don’t have an attorney, you’ll probably be easily manipulated by CPS workers who are expert at coercing parents to do whatever they want. I sincerely hope that your CPS worker is being honest with you, and that all will go well.

image

How do I get a court-appointed attorney for a CPS case?

You can hire a lawyer on your own if you can afford to pay one. That is the best-case scenario. A court-appointed attorney can be made available to you, but only in the later stages of your case and only if you can prove yourself indigent.

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.

How do I fight 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.

How do I file a complaint against a CPS caseworker in Texas?

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.

Can you appeal a CPS decision?

Following the conclusion of the VRR process, there is no scope for any further review by the CPS and if the victim remains dissatisfied with the decision and/or wishes to challenge it further, then the victim should apply to the High Court for a judicial review.

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

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.

Who governs CPS in Texas?

DFPS's rulemaking authority is established by Title 10 of the Administrative Procedures Act (APA). The following parts of the Texas Administrative Code contain the agency rules under which CPS and CPI operate: Title 40, Chapter 700 (Child Protective Services)

Can CPS drug test you in Texas?

The caseworker and medical consenter do not conduct drug tests on the child or youth. If the child or youth appears to require immediate medical care, the caseworker must take the child or youth to an emergency medical facility.

What happens if you ignore CPS in Texas?

You are not being charged with a crime when CPS intervenes in your family's life. If you ignore a court order, you are not typically put in jail or anything to that extent. However, the failure to adhere to those orders can result in you being found in contempt of court.

Can I sue CPS Texas?

Individuals can sue Child Protective Services (CPS) in California when their civil rights have been violated.

How do I complain about a CPS decision?

Make your complaint in writing to HM Chief Inspector of the Crown Prosecution Service, at our London office address or by email, within 20 working days of the incident or the publication of the report. Please attach any supporting evidence. We will acknowledge receipt of your complaint within five working days.

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

Under Texas Family Code § 261.107, making a false report of child abuse with the intent to deceive is a state jail felony. The charges are elevated to a third-degree felony if the individual has previously been convicted for making false child abuse reports.

Reader Interactions

I’m trying to get a lawyer for a dcyf case in Concord NH USA. My month old granddaughter was taken from me from cops. I had care of her while her great gram was in cancer surgery as stated by a dcyf worker and a day before Thanksgiving she was taken from me. Now she’s in dcyf care and she’s at hospital not able to wake up.

Comments

I’m trying to get a lawyer for a dcyf case in Concord NH USA. My month old granddaughter was taken from me from cops. I had care of her while her great gram was in cancer surgery as stated by a dcyf worker and a day before Thanksgiving she was taken from me. Now she’s in dcyf care and she’s at hospital not able to wake up.

Is FightCPS an organization?

FightCPS isn’t an organization – it is just a website run by one person. If you’re already involved in a CPS case you may already have a court appointed attorney. We all know that these attorneys are often ineffective and not well-motivated to truly provide an aggressive defense for parents involved in CPS cases.

Can a low income parent hire an attorney?

However, if you’re a low-income parent and can’t afford to hire an attorney on your own, you will have to learn to manage with the attorney the court gave you. You might want to write a letter to your attorney explaining what you need and expect. DO – Create your own “FightCPS Strategy” for working on your CPS case.

What you need to know about a Child Protective Services (CPS) case?

Child Protective Services (CPS) is the state government agency responsible for investigating reports of child abuse or neglect. Depending on the state, it may be known under a different name such as the Department of Youth and Family Services, Department of Family Services, or Department of Social Services, to name a few.

Tips on how to get a CPS case closed

Can a judge dismiss a CPS case? In short, yes, and going to court may not even be necessary. Here are some ways to get a CPS case closed quickly.

Final Thoughts

After a traumatic separation from both of their children, the Brights eventually found relief when a county court ordered CPS to return Mason and Charlotte to their parents. The judge considered the finding that Mason suffered from Willebrand disease, a clotting disorder that causes bleeding and injuries that may be mistaken for abuse.

What to do if CPS is not in your life?

If CPS is not in your life, get away is my advice. If they are, get busy, you have a battle ahead of you. Document everything, record everything, get every bit of evidence/discovery possible, be proactive and do everything possible, paper, paper, paper, file, file, file, study research and learn CONTINUOUSLY. P.S.

What is a legal document called when a social worker is a victim of perjury?

Social Worker Perjury– If your caseworker’s report to the court contains inaccurate statements, misrepresentations, or lies, create a legal document called Objections and Corrections to the Report of the Social Workerand as with the Declaration of Facts, send it to your lawyer to be presented to the court.

image