what lawyer do i look for to file child abuse

Full Answer

What does a child abuse lawyer do?

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 to do if you suspect child abuse or neglect?

You may also report suspected abuse or neglect to any local or state law enforcement agency. Law enforcement agencies are responsible for criminal investigations, which focuses on figuring out who committed a crime. The CPS investigation is a civil court matter that focuses on the welfare of the child and family.

How do I report child abuse in Texas?

Report Child Abuse – It's the Law Texas law requires that any person suspecting that a child has been abused or neglected must immediately make a report. If there is an emergency, call 911 and then call the DFPS Texas Abuse Hotline at 1-800-252-5400. You can also make a report online External Link.

What are the legal requirements for child abuse?

The person must cause abuse to a child by inflicting cruel or inhuman treatment, or a malicious act which causes physical injury and demonstrates a threat or harm to the child’s health or welfare.

What happens when a parent is accused of abuse?

A parent who is falsely accused of child abuse could potentially lose visitation or custody rights if they do not contest the allegations in court. Alternatively, a parent who falsely accuses another parent of abuse could face fines, limited visitation, and even the loss of custodial rights.

How long does a DSS investigation take in SC?

DSS has forty-five (45) days to complete an investigation once they receive an abuse or neglect report. If necessary, an additional 15 days can be granted to complete the investigation if there is good cause.

What are my rights with DSS in SC?

Both the United States Constitution and the South Carolina Constitution guarantee against unreasonable searches and seizures and unreasonable invasions of privacy. You have a right to legal representation at all stages of a DSS action, including the investigative stage.

What happens when DSS takes a child in NC?

If the child is placed in the custody of DSS then the child will be placed in a licensed foster care home. If DSS substantiates neglect against you they will request that your name be placed on a Responsible Individuals List (RIL), which is state registry of people who DSS believes neglected or abused children.

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.

How old can a child stay home alone in SC?

Some states have explicit laws that say how young is too young to leave a child at home. South Carolina does not. However, there is non-binding, unofficial guidance from the state setting the minimum age at 8 years. That's a good rule of thumb for any parent in Greenville, SC to follow.

Can you sue DSS in SC?

You can, but you have an uphill battle against the state department of social services (DSS) in court. If you believe that they have discriminated against you or removed your child for no reason, you may be able to sue in federal court.

How long does a DSS case stay open in SC?

But DSS can keep the records for five years. What happens if DSS cannot complete the investigation? If the investigation cannot be completed, it may be reopened later. If the investigation is reopened, DSS has 45 days to make a decision.

How do I file a complaint against DSS in SC?

You may file a complaint of discrimination by contacting DSS. Write DSS Office of Civil Rights, P.O. Box 1520, Columbia, S.C. 29202-1520; or call (800) 311-7220 or (803) 898-8080 or TTY: (800) 311-7219.

What are the 4 types of child neglect?

What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.

Can social services search your house?

Re: Can social workers just enter and search your home Only the police can do this, and even they have to have a search warrant from a judge. You have every right to refuse any social service people admission to your home.

What CPS can and Cannot do NC?

CPS can investigate reports, even if they are false. Mandated reporters are required to report any suspected child abuse. It is illegal for them not to do so. Mandated reporters include doctors, lawyers and therapists. Of course, other people can make reports as well.

What Constitutes Child Abuse?

Child abuse doesn’t have to be extreme for a parent to lose visitation or custody rights. As a general rule, in the family law context, any activit...

How Will Child Abuse Affect My Custody Case?

No one wins in a child abuse case. Both parents risk losing custody rights if the non-abusive parent knew about the abuse and didn’t prevent it. Fo...

How Do I Prove That My Child Has been Abused?

If you’re alleging that your spouse or ex partner abused your child, you’ll need a lot more than circumstantial evidence. Relatives, neighbors, fam...

Questions For Your Attorney

1. My ex has custody of our child, but I’m worried that her new boyfriend is abusing our child. What can I do to get custody? 2. Will a court convi...