You have been accused of being an irresponsible parent and putting your child in danger. Consequently Child Protective Services (CPS) enters the picture and takes away your child and you are in danger of losing your parental rights.
CPS are authorized to remove children when they are in an unsafe environment and the family is unable to make the changes needed to keep them safe. CPS can remove children with or without a child order. If CPS removes a child from a parent’s care without a court order, the court will review the case the next working day. In all cases, a judge will schedule a hearing within two weeks after CPS removes a child.
CPS investigators are human being too; they understand that it is normal for a parent like you to feel angry, frightened and frustrated – but they also have to do their job. CPS workers are investigated and subsequently charged when they do not do their job. Last year, New York State Senator Tim Kennedy (D) called for an investigation into Child Protective Services following the death of five-year-old Eain Brooks who died as a result of blunt force trauma to his head. The boyfriend of the child’s mother, Matthew Kuzdza, has been charged with second degree murder in his death. Apparently, CPS was informed several times about potential dangers to the child but CPS did not act on it, or at least did not remove the child from that situation. This is just one of the many instances where CPS was under fire for not taking the child away from the care of the parents. Rather than allowing yourself to let your emotions overpower you, make an effort to work with CPS. Be polite and calm at all times, do not give them an opportunity to question your ability to maintain control over yourself.
Make sure that everything is in writing. Ask for a written document of the allegations against you and all documents you are required to sign. File and keep these documents for future reference. If possible, document every interaction you have with CPS case workers or representatives as can be used in court as part of your defense.
Prepare an affidavit that narrates your version of the events that caused CPS to remove your child from your care, file the original copy in court and ask the clerk of court to include it in your case file. Keep a copy of the affidavit for your records.
When CPS removes children it will ask the parents to complete a Child Caregiver Resource Form. This form gives CPS the names of at least three people, including grandparents and other adult relatives, who might provide care, emotional support, or other support for the child while the parents are reforming themselves.
If your child is old enough to understand, explain to him in simple terms that CPS just wants to make sure that he is safe. Encourage him to cooperate with CPS investigators. Do not coach your child on what to tell CPS investigators or the court because if they do find out that the child was coached, it will reflect on you and might not help your case.
There are cases that were resolved without a lawyer. You can invoke your right to a lawyer and ask your local public defender's office to provide you with one if you are not able to afford lawyer’s fees. They are duty bound to give you a lawyer at no charge. If you wish to retain an independent lawyer of your choice, you can avail of free lawyer match services where you are matched with lawyers that specializes in CPS cases. Note that while lawyer matching services help you find a lawyer for free, you are responsible for paying the lawyer’s service fees.
Attend all hearings. This lets the judge know that you are truly concerned about the fate of your children and your loss of parental rights. If you are not able to attend a hearing, explain the reason in writing and let your lawyer read it before the judge.
Just like every case, jurisdiction is important. You and your child have to be within the state until such time that the case is dismissed or closed by the court. This also means that you and your child are not allowed to go out of state without permission. Breaching a court order is fatal and you can go to jail for that. If an out of state travel is a must, discuss this with your case worker.
The judge may issue a case plan and order you to attend professional treatment for alcohol abuse or anger management counseling. Regardless of your opinion about the wisdom of imposing these requirements, you are expected to obey any orders issued by the court. Going against court orders may affect your chances of regaining legal custody of your child. Failure to follow the case could lead to termination of parental rights. Consequently, your next of kin may adopt the child or could end up in foster care.
While compliance with court ordered requirements is the only thing you really need to get your child back, it would not hurt to go above and beyond the orders of the court. Take parenting classes or counseling in addition to the ones required by the judge and get certified. Build a better support system; your support group can be your family, circle of friends, co-workers and/or your church. All these will help convince the judge that you are reforming and making every effort to prove that you are a fit parent who deserves to get the child back.
If CPS alleges that your home environment is not safe for the child, correct the living conditions. The home should not only be clean and tidy but dangerous objects such as guns should be removed. Any resident of the house who poses danger to the child should move out if this is one of the complaints alleged by CPS investigators. Report these corrective measures you have taken to the court.
Just as it is important that you do not miss any class or counseling appointments or court dates, do not miss any child visits. Appeal within the required period if your case is denied, Do not give up. Remember, you have a child waiting to be reunited with you.
Know your parental rights. If a social worker of CPS investigator is being unlawfully unreasonable, report the matter to higher authority by following the chain of command: Social Worker > Supervisor > Area Administrator > Regional Administrator. You may also contact the Office of Constituent Relations at 1-800-723-4831 for assistance in resolving the problem at any time. Any individual may also take a complaint to the Office of the Family and Children Ombudsman at 1-800-571-7321 which is an agency that is separate from DSHS and has the authority to investigate any concern about the actions of the Children’s Administration brought by any citizen of the State of Washington.
If it turns out that the allegations are unfounded, your case will be closed quickly. In some states you can expunge a CPS case from the records after the prescribed time period.
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