how to get a cps case dismissed

Little is known about Melissa and Dillon’s parents, but when their 5-month-old Mason Bright fell and hit his head, it would be the start of a three-month legal battle to keep their family together. Although the fall was an accident, and even with medical findings of a clotting disorder that could be mistaken for evidence of abuse, Mason and his five-year-old sister were arrested. from their parents and placed in foster care. Child abuse or neglect can cause undue hurt and harm to families, in addition to having negative effects on the mental and emotional stability of children. These false accusations also overload the foster care system, squandering state and/or federal resources that could otherwise go toward children who really need help. If you are a defense attorney working with a parent or guardian who is dealing with Child Protective Services (CPS), it is in your client’s best interest to have the case dismissed as soon as possible. maybe. In this article, we will explain how CPS cases are initiated, what parents can expect from a CPS case, and 5 tips on how to close a CPS case.

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

What is CPS?

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 by another name, such as the Department of Youth and Family Services, the Department of Family Services, or the Department of Social Services, to name a few. The CPS (or the Department concerned) is usually represented by the state Attorney General’s office.

How is a CPS case initiated?

Read more: how to get gold in the hero of the storm As soon as a report of child abuse or neglect is received, CPS will first assess the seriousness of the allegations. The report will include details about the child’s circumstances, the child’s home conditions, the nature and extent of the child’s injuries, and information about other children in the same setting. Reports of sexual abuse or serious physical harm are often referred directly to the police. Otherwise, CPS will evaluate whether the report is reasonable and request further investigation or initiate a formal CPS case. refuses the complaint and will not initiate a lawsuit. However, if CPS finds that the report provides sufficient reason to believe that the events reported have the potential to constitute abuse, CPS may initiate an investigation. After assessing the urgency of the report and depending on state law, an investigation will typically begin:

• Within 24-48 hours in case of immediate danger; or
• Within 30-90 days if immediate danger does not appear.

CPS is required to find and notify both parents of the ongoing investigation. child from home. As a general rule, without a court order, children may not be removed from their homes. However, when there is immediate danger of harm, law enforcement can remove the child immediately without a court order. In such cases, the court will have to assess the necessity of the removal, usually within a day or two of the removal.

How long does it take to close a CPS case?

Read more: how to make a dog bow Depending on various factors, including the types of alleged abuse and/or neglect, a case of CPS can last several months to a year. In the case of neglect, changes in the family’s living circumstances, such as a change in the home’s living environment or a change in guardianship, may have been required to have the case dismissed. However, it is in the best interest of both the children and their parents to close the CPS case, especially when the allegations are untrue.

What can a parent or guardian expect in a CPS case?

The identity of the person who reported abuse or neglect will be kept confidential. This is to protect reporters from potential retaliation from alleged abusers.

Their children may be interviewed without parental consent. Even if the parent is not the perpetrator of the abuse, the CPS worker has the right to interview the child without the parent or guardian present to gather information that may help with the investigation.

Their cooperation problem. A case of CPS does not necessarily mean that the child will be removed from the home. To address issues in the report, CPS may request interventions such as community service, parenting classes, drug testing, or even simple home repairs. The parent/guardian’s lack of cooperation with the CPS worker in these interventions may exacerbate the allegations against your client.

Their communication with CPS staff or investigators must be respected. Regardless of their innocence, anything a parent or guardian tells CPS investigators or law enforcement can be brought to court against them. For this reason, before the case goes to court, parents and guardians will benefit from counsel’s advice on how to communicate carefully, clearly, and honestly with the CPS worker.

Tips on how to close a CPS case

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

Close the case before it’s likely to go to court. The majority of CPS cases involve neglect. When a child is said to be abandoned, it means that the parent or guardian does not provide the child with needs such as adequate food, shelter, health care or education. In some states, neglect may also include not sending a child to school or not providing needed treatment for children with special needs. In negligence cases, addressing the cause of the failure will often allow the CPS case to end quickly. For example, if the home is found to be inadequate or unsafe for the child, the necessary repairs may assist the case to close without going to court.

Aim for a resolution, if possible. Settlement can be reached in a case conference where you, your client, the CPS officer, and others involved in the case can discuss a possible solution to the dismissal allegation. Calves or abuses without going to trial.

Stay up to date with federal and state laws on what constitutes abuse or neglect. What constitutes abuse or neglect in one state may not be treated the same in another. If the allegations in the complaint do not actually constitute abuse or neglect from the outset, the complaint may be dismissed, upon motion, on the grounds that the complaint does not specify the cause of the abuse. motion. This dismissal must be approved by the court.

Conduct your own investigation. Even if your client provides you with all the information they deem necessary to dismiss the case, conducting an independent and thorough investigation into the alleged abuse or neglect Wear can lead you to evidence that can refute the allegations. Medical records, psychological assessments, academic records, employment records, and even research documents can be valuable in having your application removed as soon as possible. A thorough investigation of all potentially relevant information may even help disprove the probable cause. If there is no probable cause, the judge may even dismiss the case before trial.

Communicate regularly with your customers. Regular communication with your client throughout the CPS application process is extremely important. In your client’s case as soon as possible, inform your client of all their rights throughout the processing of a CPS case. In addition to keeping your client updated on the hearing schedule and the progress of the case, regular communication also helps keep you informed of your client’s living situation and any related changes that may be significant. for the case. Major changes in your client’s (and/or their children’s) living circumstances may provide you with a basis for requesting a dismissal of a CPS case.

Epilogue

After a traumatic separation from both of their children, the Brights finally found relief when a district court ordered CPS to return Mason and Charlotte to their parents. The review judge concluded that Mason had Willebrand’s disease, a blood clotting disorder that causes bleeding and injuries that could be mistaken for abuse. The court also ordered the state to pay the couple $127,000 as compensation for their legal expenses. While it took more than a year, CPS finally officially closed the investigation and admitted that they didn’t have enough evidence of abuse. a CPS case, especially when they are deprived of custody, by closing their CPS case quickly.

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