You may not be required to get a lawyer for a CPS investigation as you would for some other cases, but it could be in your best interest to get advice from an experienced attorney who’s familiar with the child welfare system. In some states you may even be able to get an attorney appointed to you, if you have limited means.
How long does a CPS investigation last? In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension.
It totally depends on both your practice area and the type of practice you have. A comp claimants lawyer might have 200 cases and be able to appropriately work them all up with his/her staff. A PI lawyer who handles mostly soft tissue cases and is a "settlement lawyer" might have 200 cases.
You can have a court-appointed attorney right from the start of your CPS case. However, not everyone can get a court-appointed attorney. First, the court will have to determine whether or not you are financially able to hire an attorney.
Although the primary goal of CPS is to protect the safety of children, the objective is also to keep children safely within their own families. If CPS believes a child is in danger, the agency can arrange for the child to be temporarily removed from the home, with the intent to work with the family so that the child can be returned, safely, as soon as possible.
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.
If CPS believes a child is in danger, the agency can arrange for the child to be temporarily removed from the home, with the intent to work with the family so that the child can be returned, safely, as soon as possible.
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. 6.
Mr. Vincent W. Davis and his firm have handled more than a thousand juvenile cases over the past 30 years, where they have represented parents, family members, foster parents and even the children themselves.
If you are accused of physical abuse, immediately have your doctor give your child a thorough physical exam. Ask your doctor to write a letter stating that there are no bruises or injuries observed, nor any other health-related issues that would raise any concern or suspicion of child abuse or neglect.
CPS social workers have no compassion for parents, grandparents, or other family members. They convince themselves that they are god’s given child savers, while committing the worst child abuse possible in taking children from their natural families to be placed with strangers.
CPS cases here in Michigan can also become complicated because these cases have their own unique terminology and procedures. An attorney who is not experienced with CPS cases will likely not be familiar with how a CPS case is typically run.
Children’s Protective Services (CPS) is a government agency. It is part of the Michigan Department of Health and Human Services (DHHS). It is the agency that investigates allegations of child abuse and neglect. CPS can be very demanding and act like bullies.
When a parent inevitably misses a class or a session, then CPS uses this against the parents, using “non-cooperation” as the offense.
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.
If you are a parent involved with a CPS investigation, you should know that CPS is not on your side. Actually, you will likely have multiple forces against you: not just CPS, but the assistant prosecutor representing CPS, and (in the case of criminal charges) the criminal prosecutor as well. You need a friend in this fight with you. The Kronzek firm attorneys have won this battle many times, all over Michigan.
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.
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.
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.
CPS cases are very different from other, criminal cases! CPS cases are very different from other types of criminal cases. CPS workers are allowed to come into your home, discuss your situation with you under the guise of helping you, and then turn all of that information over to the cops.
CPS cases often involve testimony from medical experts, and time consuming eyewitness testimony from people who interact with you and your child on a regular basis. Then there’s the issue of testing for rare diseases and genetic conditions that would explain a child’s “injuries.”. None of that even features on the radar when a court appointed ...
Money, time and experience matter in a CPS case! Fighting CPS is not like any other kind of legal battle – not that we recommend you get a court appointed attorney for any other kind of legal entanglement either. But still, you need to understand that dealing with CPS requires a very specific skill set, and a very specific understanding of the law.
They’re not required to mirandize you before they speak to you. Which means they can take anything you say (often completely out of context) and use it against you, and there’s nothing you can do. They also don’t have to tell you that whatever you say could end up in a police file, or be used against you in court.
Fighting CPS is a very challenging prospect. And if you’re being represented by a court appointed attorney, the truth is you’re pretty much facing them alone. And having duked it out with CPS over and over, for decades now, we know how challenging it can be.
This is also why, if CPS believes parents do have good intentions for their children, they’ll offer resources for parents. CPS may also demand that parents follow a plan of care and action.
If you are under investigation, do not panic. CPS social workers want to know the family’s dynamic and conditions of the home. It’s rare that CPS purposefully seeks to villainize or discriminate against parents. The last thing that CPS wants to do is take kids away from their families.
If you’re not home when the CPS worker arrives, they will leave contact information so you can schedule another time to visit. CPS can ask you nosy and invasive questions. CPS might ask you questions that seem irrelevant to your case. These questions are not accusations.
If you turn away a CPS worker because you feel unprepared, ask to schedule for another time. After rescheduling, call your lawyer and ask how best to prepare for your home visit.
5 Things CPS Can Legally Do. A CPS investigation can last for up to 18 months! During this time, there are some things that CPS might attempt. If you’re unsure about the legality of how CPS is conducting an investigation, you can always call a lawyer to get legal advice on the situation.
CPS can talk to your child without your permission. This comes as a shock to a lot of parents, but CPS can legally talk to your child alone. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you.
CPS must investigate every claim that’s made, even if it’s false. This is frustrating for a lot of parents and caregivers, as the claims could be completely falsified or taken out of context. However, investigating a claim isn’t a suggestion or a policy- it’s the law and every claim must be taken seriously.