Also, make sure that there are no empty alcoholic bottles in the garbage or in your recyclables. As we’ve said before. Read this list asap! CPS’ authority to investigate your family is found in Chapter 261 of the Texas Family Code. yesterday i had all three kids, 5 months, 1.5, and 4 playing on the floor with me. You have the right to seek legal counsel. And not just any attorney. Speak with relatives. 10 Things You Should do if CPS or DCFS is Investigating You 1: Take any accusations seriously. What to Do If Child Protective Services Social Workers Are Investigating You (fightCPS.com) Here are some of my recommendations. Call The Kronzek Firm immediately at 866 766 5245 to discuss your case with an experienced CPS defense attorney who understands and can help. For example, if there is a domestic violence incident at your house or there is some kind of incident in your home and the police come. After reading any blog post on our website, if you find yourself having questions that need the answer of an attorney do not hesitate to contact the Law Office of Bryan Fagan, PLLC. You want to cooperate with CPS, but you do need your own attorney. David P. Badanes, Esq. If you are … If you or a loved one have been accused of neglecting or abusing a child, then defending and protecting yourself and your family needs to be your primary objective. When this happens, the court will review your case the next working day to determine if the removal was necessary and proper. If they do move, what are the consequences? We’ve also talked about how you should take the allegations very seriously, even if they’re wrong, and why you need an, If you discover that CPS is investigating you on suspicions of child abuse, it’s critical that you immediately begin to create a paper trail that can corroborate your innocence. Sometimes, they try to arrange joint interviews with law enforcement. Answer questions very carefully or not at all: CPS is allowed to ask you questions, such as “how often do you drink alcohol?”, “do you smoke cigarettes?”, and “how long are your children left alone”. 10 Things You Should do if CPS or DCFS is Investigating You When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. CPS taking children away is a terrifying thought for any parent. If the investigator requests to see your child, then allow that to happen. Throw out all alcohol:  Even a single beer bottle should be thrown out. A finding of “unfounded”, means that CPS did not find any evidence to support a determination that a child was abused or maltreated. 3 days ago. You also can request a “fair hearing,” which will be an opportunity to present evidence in front of an administrative hearing. Many people, understandably, feel like they are powerless to do anything while CPS is investigating them and their family. Join us next time, for more information on what your rights are, and how to exercise them during any interaction with a CPS worker. The purpose of the investigation is to determine if a child has been harmed or is at risk of harm (a disposition), reduce the risk and increase the safety of the child, and determine the need for services to support the family. CPS is notorious for twisting things to serve their purposes. A finding of “indicated” means that CPS found some evidence to support a determination that a child was abused or maltreated. the 6 month old was on a tummy time toy and the remaining children were playing with a ball rolling it back and forth. 4. has represented numerous clients who received an incorrect CPS report.  The Badanes Law Office can be reached at 631-239-1702, at david@dbnylaw.com. Surviving a CPS investigation is very hard, and requires endurance and grit. You can simply refuse their request. If only 2 cops and a woman come to you but don't even ask your names. Privacy Policy and The question is what you should do if you find out that the police are investigating you. The team of professionals involved in investigations can include a protective services worker, a doctor, therapist, social worker and law enforcement officials. CPS may ask you to sign an HIPAA medical release.  You are allowed to say no, and I highly recommend that you do not sign an HIPAA release. What to Do If CPS Is Investigating You If you are a parent that has been accused of a drug crime, it’s important to contact a skilled attorney as soon as possible. If CPS is investigating you it is always a smart idea to speak to a family law attorney who handles CPS cases. When CPS is investigating you, you do need an attorney, so you are thinking along the proper line. Child Protective Services (CPS or DCFS) and your accusers have their story, and it is our job to make sure that your story is … You have to hire an attorney who practices dependency law. So we recommend that you have one on hand to “loan” them if they don’t have one handy. In the meantime, be sure to follow any rules CPS has set forth, stay drug free, do not drink to excess, etc. If you discover that CPS is investigating you on suspicions of child abuse, it’s critical that you immediately begin to create a paper trail that can corroborate your innocence. Of course, when you first see child protective services social workers on your doorstep, you want these people to go away and close their case. So what do you do? If you cannot afford an attorney, check out this list of free and cheap legal resources. 842 Route 25A, Northport, NY 11768 The Badanes Law Office has offices in Garden City and Northport. And the only way to do that is to get an attorney who will fight for you. How do you know if CPS is investigating you. So you need to take your child to a doctor that you trust as soon as possible (within days, if not hours) who can do a full examination of your child’s body. Child protective services social workers will not tell your child that s/he has the right to say that. This plan will most likely include psychological testing and counseling — that is a standard waste of taxpayer money. Even if the CPS do decide to charge, they are under a continuing duty to review cases to ensure the code is met throughout the court proceedings. Please do the right thing. If you get that card in your door, letter in your mail, or phone call from a social worker, you are being investigated. Make sure you know what they are, because this is definitely one of those things that you need to know before CPS shows up at your house. Follow these rules and you'll have a better chance of surviving the case intact! This blog post is the second in a series of posts that detail CPS investigations: what they are, how CPS conducts them and how you can present yourself most favorably during one. All Rights Reserved. Where criminal acts may have taken place, only the police can make arrests. This plan will most likely include psychological testing and counseling — that is a standard waste of taxpayer money. Someone called CPS two cops and another woman came out one cop … Now is the right time to hire an attorney, if CPS is investigating you. Keep in mind that I am not an attorney and this is not legal advice — so consider the source. What happens when they falsely accuse someone and then refuse to see that they’ve made a mistake. So far we’ve discussed the importance of being polite, not letting them into your house without a court order or a warrant. Investigations may be managed by child protective services, by the police, or by both. This is where this list comes in. CPS workers have less supervision than police officers, and far more freedoms. Is a CPS worker knocking on your door? Most typically, the CPS/DCFS social worker wants to keep you from knowing exactly what you have been accused of — sort of keeping themselves on a “general fishing expedition” — but it is required by state and federal law to tell you the exact details of the accusations at first contact with you. It is important to remember that if CPS is at your home for concerns of neglect, allowing CPS to see your home and living conditions may actually strengthen the case against you. There are many things that you can do during the course of a CPS investigation that can go a long way towards protecting the rights of yourself and your children. The very first step you take should be hiring an attorney. Wait – do you know your rights?! They have a long history of changing people’s words around to. We picked The Kronzek Firm to represent us in an old case, and through their hard work and dedication, the case was dismissed and we were able to keep our family together. Are they trying to get into your home? CPS investigations are extremely serious. Doctors who work regularly with CPS are often called as. If CPS recommends a doctor to you, or offers you a free physical assessment for your child, DO NOT TAKE IT! Join us again next time to wrap up our list with the last two important items! Do not sign any forms, unless you absolutely know what you are signing. 842 Route 25A Many times, the police will tell you they have to make a referral to CPS because police officers are mandated reporters. However, there are instances where they do not investigate or the case is closed without investigation. More . If Child Protective Services (CPS) is investigating you, then you need to protect yourself by hiring a competent and experienced sex crimes defense attorney.Child Protective Services investigations move quickly and are required by the Michigan Child Protection Law to commence within 24 hours of receiving a complaint. Most CPS investigations begin when someone calls to report suspicions of child abuse or neglect. Otherwise, you do not have to consent. The most common exams are physical, sexual abuse, or medical. If you receive notification as an “other person” you are not being investigated yourself, you are simply being advised that CPS is investigating a report against someone else, but involving your child. In doing so they will have the knowledge to help you to fight tactics used to incriminate yourself. (Pt 1), What Mandatory Reporters Really Want: Foster Care or Rehabilitative Services. And remember, knowledge is power! So we recommend that you have one on hand to “loan” them if they don’t have one handy. They were very professional and respectful, a successful choice! What happens when CFSA gets a report? Why Would CPS Investigate Me? So you need to take your child to a doctor that you trust as soon as possible (within days, if not hours) who can do a full examination of your child’s body. CPS does not need to give you advance warning that they are coming.  However, if you do receive advance warning of an investigation, here is what you should do: Clean your residence: Even if you are the neatest person in the world, you should clean and organize your residence to the “nth” degree. Case Description: (required) Can I Spend Christmas With My Kids if CPS Took Them Away. If CPS finds that you are indicated, then you should have your attorney request that the investigation be reevaluated or that you are requesting an administrative hearing. What to Do If Child Protective Services Social Workers Are Investigating You. Practice areas include the following counties/cities: This site is protected by reCAPTCHA and the Google There are a few ways you will find out if CPS is investigating you. Everything You Say Can and Will Be Used Against You. David Badanes, Esq. Phone Number: Will the parents be arrested if they come back to GA one day? It is your decision as to whether or not you will participate in their investigation. CPS workers will also want to talk to you, but they generally do so on their own schedule. Police investigations can take a long time. So I run a small daycare (three kids) so i am not licensed. Uniondale, NY 11556, experienced attorney who specializes in Family Law and Matrimonial Law. Please leave this field empty. The police may ask you to tour the area where the offence happened to help identify the offender. Be careful because it is your children’s lives you are dealing with. The Kronzek Firm only handles CPS cases in the state of Michigan. You are allowed to not answer any questions or to state that you want an attorney present. If you go through a trial, and your child is adjudged a state ward, and you are court-ordered to complete a “service plan” or “reunification plan,” then of course you should do your best to complete every part of it before the next court hearing. 10 Things You Should do if CPS or DCFS is Investigating You No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused. Have the doctor write a letter explaining that there are no bruises, cuts, burns, tender areas, health conditions, or anything else that could possibly indicate physical abuse or neglect. In an emergency, CPS can also return with the police without a court order. What happens when they falsely accuse someone and then refuse to see that they’ve made a mistake. But what about when they’re wrong? Be sure your child knows the consequences of child protective services interviews. Do not expect CPS to make known to you the specifics of what is being investigated, but the worker will likely want to see your child and assess whether or not something is visibly wrong. Make sure all medicines and poisons are “out of reach”: Make sure all medicines and poisons are either securely locked up or out-of-reach of any young children. If you are being falsely accused of child … So here goes…. You could potentially face a DUI as well as child endangerment charges, making it difficult to return to normal life after your case has been wrapped up. CPS findings can impact your future. Sometimes a CPS worker will tell you that they can’t record the interview because they’ve misplaced their handheld recording device. If you are investigated and the case is decided against you, the information will be visible on certain types of background checks. This is rarely the case, and sounds far too convenient. It is very important to remember the evidential test for bringing a prosecution is different to the test a Judge, Magistrates or a Jury will apply when considering if someone should be convicted of a criminal offence. Contacting a lawyer is one of the first things you should do, if CPS shows up at your house. Keep in mind that I am not an attorney and this is not legal advice — so consider the source. If CPS starts an investigation, typically the first time you will learn of their investigation is when they come to your residence. They aren’t required to follow the same laws during their investigations as law enforcement, and they can add your name to the state child abuser list without ever having convicted you of a crime. Knowing what CPS is legally allowed to do can put your mind at ease during an investigation. And CPS is very, very good finding out where people have moved to. (and what not to do) when CPS is investigating you. I wonder whether people can move out of this state, or even out of the country during a CPS investigation, when no court order is involved. CPS is legally obligated to investigate every report it receives. But scary as it may sound, you aren’t alone! After the CPS investigation is completed, CPS will issue a report which will indicate either “indicated” or “unfounded”. If CPS is investigating you, it is because someone has reported to CPS that he or she thinks your child has been abused or neglected. Hello again, and thanks for joining us for the fourth installment in our important list of what to do (and what not to do) when CPS is investigating you. If you or a loved one have been accused of neglecting or abusing a child, then defending and protecting yourself and your family needs to be your primary objective. If you believe that the result of CPS investigation is incorrect, then you have the opportunity to request that the investigation be reevaluated. (Pt 2), Should Abused Children be Held Responsible For Their Actions When They Harm Others? But there are still a few key items you need to know about. Do not sign an HIPAA medical release. Be careful what you say. Your Name: (required) So far we’ve discussed the importance of being polite, not letting them into your house without a court order or a warrant. In West Virginia, what constitutes child abuse and neglect is codified by law, and CPS can not investigate you for choosing to parent in ways not covered by law. In doing so they will have the knowledge to help you to fight tactics used … Here are some of my recommendations. CPS must ask for your consent if you are available in person at the time the examination is done – whether at home or at school. It may be several months before you hear anything about the case. If CPS has shown up on your doorstep, and is claiming that you abused or neglected a child, you know they're already investigating you! There are also instances where CPS must make an investigation. The prosecutor handling your case may try to bring child endangerment charges against you, along with drug crime charges, making it even more difficult to move on with your life after your case has been wrapped up. Even your earliest actions in a CPS investigation can impact your report, so it’s imperative to understand what you need to do. If the CPS social worker or police officer uses force to enter your home against your will, it is in … so that they can’t change the meaning of your child’s words later on and use them against you! Northport, NY 11768, David P. Badanes, Esq.405 RXR Plaza But, that doesn't mean that there is no case or investigation. But scary as it may sound, you aren’t alone! But what about when they’re wrong? For example, if the caseworker does not have a warrant, you do not have to let them in. And, if CPS appears on your recording to not be cooperating with you, then that may be used as evidence at any trial that may result from the investigation. You can state to CPS, that you are their parent, and you do not feel comfortable allowing CPS to question your child without your presence. As we’ve said before, CPS workers take their job very seriously, which is a good thing. Also, make sure all medicines are current, and there are no expired medicines. 1060 If you are the subject of a CPS investigation, then call David Badanes and the Badanes Law Office. You can politely tell the investigator that you wish to speak with your lawyer before you speak with CPS. Doctors who work regularly with CPS are often called as expert witnesses at child abuse trials, to provide testimony AGAINST the parents, for which they receive a substantial sum of money! The social worker also decides whether CFSA or a community organization should continue helping your family. If you are investigated by CPS, you have the right to consult a lawyer at any time. Find an Attorney. It is easier than you think to become the subject of a Child Protective Service (CPS) investigation.  Almost anyone can call the local CPS agency and make an anonymous report.  There are also instances where CPS must make an investigation. This is where this list comes in. Remember, the investigator is going to presume you are guilty until you prove you’re innocent. If CPS determines that your child is in immediate danger, CPS may remove your child before getting a court order. They have a long history of changing people’s words around to fit their narratives, and twisting the truth into something completely unrecognizable. In the meantime, be sure to follow any rules CPS has set forth, stay drug free, do not drink to excess, etc. CPS assumes if there’s smoke there’s fire, meaning if there’s an accusation there must be a problem. Sometimes a CPS worker will tell you that they can’t record the interview because they’ve misplaced their handheld recording device. They may also ask you to look at photographs or attend an identity parade. Also. They will often drop in unannounced at your home or workplace and demand to speak with you. If you’ve never been involved with CPS you don’t know what to expect and it may be difficult not to worry: When you talk with someone from CPS or DCFS, do not give them more information than necessary. without ever having convicted you of a crime. 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Requires endurance and grit Firm immediately at 866 766 5245 to discuss your case with an experienced CPS attorney!
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