what kind of lawyer do i need for cps hearing

by Karelle Funk 9 min read

If you live in Suffolk County or Nassau County and are the subject of a CPS investigation, you should contact an experienced attorney who specializes in Family Law and Matrimonial Law.

But you are not entitled to a court appointed lawyer during a CPS investigation. What this means is that you can have a lawyer helping you if you pay for the lawyer yourself, but the court does not have to give you a free lawyer until later in the CPS process, and only then if you are determined to be indigent.Mar 10, 2022

Full Answer

Should I hire a court appointed Attorney for my CPS case?

Jun 26, 2014 · 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.

What should I expect at a CPS hearing?

Aug 10, 2007 · If you need an attorney for a cps case in Washington state I urge you to contact him as he is the type of lawyer who will fight for your rights. I only wish I had enough money left to retain his services as I’m sure he could bring about a speedy resolution to the lies made about my family by cps. spencer and sunstrom 1612 columbia street

What to do if there’s No CPS attorney in your County?

May 22, 2013 · I want to sue Child Protective Services for constitutional/civil rights violations. I believe the kind of lawsuit necessary is a 1983 one. I know other parents have successfully sued them for similar reasons and won. Do I need a constitutional attorney? A civil rights attorney? A civil litigation attorney?

Do you have an attorney at a child custody hearing?

When it comes to Child Protective Services (CPS) and the potential impact a CPS investigation can have on you and your family it is always advisable to have an attorney in your corner representing you. You will be in a situation where you will need to make decisions on a number of different subjects during the life of your CPS case. What's more- a case can last up to one year …

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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 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 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 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.

How long does CPS have to investigate in Texas?

within 30 daysIf CPS is just investigating, the investigation must be completed within 30 days, although the deadline can be extended.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 find out who called CPS on you in Texas?

CPS reports are confidential and there is no legal way to find out who made the complaint.

Do I have to take a drug test for CPS in Texas?

1912.2 Drug Test and Time Frame The caseworker requires a parent or caregiver to be drug tested within 48 hours of a child safety threat that the caseworker believes is related to substance use.

Can a parent keep a child away from the other parent in Texas?

To answer the question, no, it is not legal for a mother to keep their child from his or her father, but this is only if the father has not proven paternity and made an effort to be in the child's life.Apr 19, 2016

How long does it take to get a hearing in a CPS case?

If your children have been removed and/or if CPS believes your children are in need of protection, a hearing will be held within 72 hours. You will likely be notified of the hearing by the CPS investigator calling you, leaving a notice on your door or sending you a letter in the mail.

What to do if you don't have a lawyer?

If you do not have a lawyer, it is important to say very little about the events or even to decline to answer any questions without a lawyer. CPS will likely use any statements you make at this hearing to keep your children in the system.

What happens if you don't attend a court hearing?

If you do not attend the hearing, your court appointed lawyer will not confirm they are representing you. In addition, CPS will proceed on the case against you and it is likely CPS will win if you are not at the PH hearing to enter your plea. Prior to the plea hearing, CPS will file a petition. The petition will contain all ...

What is an AH hearing?

Adjudicatory Hearing (AH)#N#If you deny the allegations in the petition, the Court will schedule an AH. This hearing is like a trial. CPS will present evidence and testimony to the judge to support their case. You will have the chance to also present evidence and testimony to the judge. YOU MUST ATTEND THIS HEARING. Once everyone has presented their side of the story, the judge will determine whether or not CPS has provided enough evidence to support the allegations in the petition. If so, your case will proceed to R&D. If the judge feels CPS has not shown the need for protection, the case will be dismissed.

What is the purpose of a review hearing?

The purpose of the review hearing is to determine whether you have complied with the requirements of your case plan. If you have met the requirements and CPS feels the home is safe, your children may be returned to you and the case may be closed. If you have not met the requirements of the case plan, the Court will hold a permanency hearing.

What happens if you can't afford an attorney?

If you cannot afford an attorney, one will be appointed to you after the hearing. Your children will also be appointed an attorney referred to as a CAP. During the hearing you may be asked questions by the judge about events leading up to CPS becoming involved. If you do not have a lawyer, it is important to say very little about ...

When the Situation Spirals Out of Control

CPS often uses intimidation as their main tactic. They also like to put a wedge between spouses. It’s part of the divide and conquer mentality. We often recommend that don’t given in to any of the threats CPS makes without consulting with a highly experienced CPS defense attorney first.

Fighting Child Abuse and Neglect Allegations is Very Complicated

Another reason that it will be so vital for you to hire an experienced CPS defense attorney is because child abuse/neglect allegations will become very complicated.

Your Child Protective Services Defense Attorneys

In total, our attorneys at The Kronzek Firm PLC have over 80 years of experience. In this time, we have defended countless parents and families facing allegations of child abuse or child neglect.

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.

Who to contact for safety concerns at court hearing?

If you have concerns regarding your safety at the hearing, you or the advocate should contact the clerk of the court or a deputy sheriff in the courthouse and let them know of your concerns.

Why is it important to attend a court hearing?

It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.

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