Child Protective Services (CPS)
Definition of Child Protective Services:
Child Protective Services (CPS) is a government agency responsible for ensuring the safety and well-being of children. When CPS becomes involved in a case, it means they have received a report or information that suggests a child may be at risk of abuse, neglect, or other forms of harm. CPS’s primary goal is to protect the child and ensure their safety.
What To Expect When You Have Been Contacted By CPS:
Once CPS becomes involved, they will initiate an investigation to assess the validity of the concerns raised. This may involve interviews with family members, school personnel, healthcare providers, and any other relevant individuals. CPS may also conduct home visits to evaluate the child’s living environment.
Based on their findings, CPS will make determinations regarding the level of risk to the child. If they conclude that the child is in immediate danger, they may remove the child from the home and place them in protective custody. However, CPS aims to keep families together whenever possible by offering services and support to address the identified concerns.
Important To Know:
Throughout the process you and your child have rights at every stage. This can be overlooked by CPS. It is imperative that you contact our office if you have been contacted by CPS. We will help you navigate the process. It is highly recommended to have an attorney by your side during the initial CPS process to ensure the protection of your parental rights and the best possible outcome for your child. Without legal representation, there is a risk that your child could be removed from your care. While CPS’s goal is to protect children and eventually reunite families, the process can be lengthy, and your child may be placed outside of your care for several months. Your attorney will play a crucial role in advocating for you during this challenging time. It is vital to discuss requests by CPS with your attorney. If CPS asks you to engage in services or programs, you are not required to particpate, but it is essential to consult with our attorneys regarding possible ramifications of that decision. Our attorneys can help you navigate the complexities and working towards a positive resolution that prioritizes the well-being of your child and your family.
Significant Law Changes:
Given the recent House Bill 1227 your rights have INCREASED in being protected from CPS. The ability to remove children from the care of their parents cannot be done as it formally was. Significant elements need to be in place for CPS to even remove your child, like proper service of process, providing services, actively working with parents to help them out before they bring the case to court and attempt removal.
Commonly Asked Questions
CPS typically becomes involved when they receive a report or information suggesting that a child may be at risk of abuse, neglect, or other forms of harm.
If you disagree with the findings or actions taken by CPS, you have the right to challenge them. We can assist you in navigating this process and advocating for your rights
If it is unfounded or screened out it won’t be on your official record but can be used against you in varying circumstances involving CPS. If it is founded, yes it will be on your record. You can contest this but it is not part of the main CPS case, it is an administrative hearing and as soon as you are served with the founded finding you only have so many days to contest it.
Warning: In many cases, it is crucial for your attorney to assist you in clarifying any information obtained by CPS during their investigation. Sometimes, these investigations are prompted by anonymous or unverified information, and having legal representation can facilitate the process of providing accurate information to the investigator. It is essential to have an attorney by your side during this initial contact stage, as CPS is actively gathering information, and any misstatement or misunderstanding could potentially lead to the removal of your child. Additionally, when CPS arranges Family Team Decision Meetings, it is strongly advised not to attend without an attorney. These meetings serve as another avenue for information gathering, and a single incorrect statement can have severe consequences. An attorney is indispensable in navigating these critical stages, ensuring that your rights are protected and helping you make informed decisions.