Abuse/Neglect/Dependency Litigation
One of the most frightening calls a parent can receive is one telling you that you are being investigated by Child Protective Services (CPS). If you have received such a call, it is important to speak with an attorney as soon as possible. What you do in the early stages can make a significant difference in the outcome of your involvement with CPS.
If Child Protective Services gains custody of your children through a court order, you are entitled to legal representation, even if you cannot afford an attorney. Unfortunately, you need an attorney long before CPS takes your children into foster care.
While social workers are trying in good faith to help you, they are also making a detailed record of their conversations and interactions with you and your family. This record is what they will use against you if they decide to take your children into foster care. It is important to understand the process, because you may be asked to do things that have significant legal consequences.
There are many terms commonly used by CPS social workers that are confusing, such as, "substantiation." This is a finding that your child is neglected, abused or dependent. There will be a person named as the "responsible person." If you are the "responsible person" this "substantiation" has legal consequences similar to finding you guilty of abusing, neglecting or not caring for your children. The appeals process is woefully inadequate and confusing, and few can navigate it without the help of an attorney. This all occurs before you are entitled to have an attorney represent you.
If you are a parent under investigation by CPS, keep a notebook with you at all times and write down a description of each time you make contact with anyone who works for CPS or is involved with the investigation. Write the dates, names and telephone numbers of those with whom you have made contact. Always be respectful to those at CPS and get the help of an attorney as soon as possible.
During this process, there will be times that you will feel hopeless. Don't. There is hope.
For terms commonly used in CPS cases click CPS Terms.
Contact attorney Gena McCray or call us at (919) 497-0091 for more information.