what kind of lawyer deals with child protective services

by Monte Gleason 10 min read

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.

If you or your family are being investigated by CPS and need advice or assistance in preventing an intervention or removal, contact an experienced family law attorney today.May 22, 2014

Full Answer

How to sue Child Protective Services?

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 do you call a child lawyer?

Sep 30, 2018 · Accusers may report physical, mental, or emotional abuse, or raise concerns about parents neglecting their children. All types of abuse and neglect are detrimental to a child’s well-being, and CPS will investigate every allegation, however small. Typically, the agent or social worker will come to your home, most likely unannounced, to discuss ...

What laws protect children?

Apr 20, 2021 · Department of Human Services (DHS); Department of Children and Families (DCF); or. Other names as chosen by the state. Their function, regardless of their name, is essentially the same. A child protective services attorney can help with cases in which an individual is being investigated by CPS or a similar agency.

What are Child Protective Services?

Aug 10, 2007 · You can ask the county clerk for help locating cases. 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.

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How do you fight CPS and win 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 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

What are my rights with CPS 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 CPS in Texas?

For starters, filing a lawsuit against the government, of which CPS is a part, is very difficult to do. I don't want to take up a great deal of time discussing the legalities of using the state of Texas, but legally speaking, it is possible to file a lawsuit against Child Protective Services.

How do I file a complaint against CPS in Texas?

If you need to report suspected abuse and/or neglect of a child; or abuse, neglect and/or exploitation of the elderly or an adult with a disability; or report a violation of standards at a child care facility or residential child care facility, contact the Texas Abuse Hotline at 1-800-252-5400 or www. txabusehotline.

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 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 long does a CPS case stay open in Texas?

How long will the case stay open? If CPS files a court case, you have only 12 months to show the court that your children can be safely returned to you. Safety Plans and Family Based Safety Services can be from 60 – 90 days or longer, depending on what is needed.Dec 29, 2021

Can social services take my child away without evidence?

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.Jun 22, 2018

Can you sue social services for emotional distress?

What can be claimed for in claims against social services? When making claims against social services, you will be able to receive Social Services compensation payouts for the following: The physical pain and suffering experienced. The emotional pain and suffering experienced.Feb 1, 2022

What are civil rights violations?

A civil rights violation is any offense that occurs as a result or threat of force against a victim by the offender on the basis of being a member of a protected category. For example, a victim who is assaulted due to their race or sexual orientation. Violations can include injuries or even death.Jun 11, 2020

Can you sue social services for negligence?

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.Nov 11, 2021