A child’s safety is integral to society. Some laws ensure a child is safe and mechanisms that turn whenever a child is in danger. But what if the mechanisms are flawed, and you risk losing your child to Child Protective Services (CPS)?
Facing a CPS case is a parent’s nightmare. The real possibility of your child becoming snatched away is not something to take lightly. But wrongful conviction over child abuse allegations is even worse.
That is why it is critical for a parent in the United States to grasp the law and have such lawsuits dismissed in their favor.
How To Get A CPS Case Dismissed
If there isn’t sufficient evidence, the case will be thrown out and dismissed. Make sure you and your lawyer review the evidence. Do not allow the CPS to manipulate you into wrongful admission.
Here is how to get a CPS case dismissed: solve the case before it makes it to court in cases of neglect, opt for settlement if it is an option, be up to date with existing laws on neglect and abuse, carry out thorough research and investigation before the court date, and the lawyer and client should be updated on new developments.
What Is CPS?
Children have their rights, protected by the constitution and the law. According to the laws, CPS is a branch of the government that handles cases involving children.
If a report of alleged child abuse is committed, they are responsible for investigating and filing charges against the perpetrator.
If the allegations are substantiated, the CPS has the right to take away the children from the parents or guardians. Although they are often referred to as CPS, their name varies per state.
How The CPS Works
According to legislative rules, the CPS examines the gravity of a child abuse report or neglect as soon as it is made.
It is not uncommon to find malicious reports that have been made. It is up to the agency to determine whether to open a case, examine further, or ignore the report.
Pedophile and physical abuse cases are to be reported to the police. Such cases require the involvement of law enforcers to collect the evidence and file a criminal case against the perpetrators.
When the PCS determines there is a need for either analysis, they will initiate an investigation;
- 24 to 48 hours after the report. When it has been determined that a child is in urgent danger, this is frequently the case.
- 30-90 days after the report. The CPS may take more than 30 days if no apparent or immediate danger is posed to the child.
The agency should inform the parents or legal guardian of the ensuing investigations in all investigations and cases.
If it is proven that a child is facing abuse or neglect, they may apply for a court order to request the removal of a child from the premises or the child from the abuser’s residence. Both instances can happen even when there’s an ongoing case.
However, with the help of law enforcement, the agency may immediately take the child without an official court injunction.
How To Get A CPS Case Dismissed
It is simple to get a CPS case dismissed, especially if the accusations are baseless and have no evidence to prove them.
In some instances, the case doesn’t make it before a judge. There are some ways to make this happen.
Do not allow the case to make it to court.
If there is an instance of neglect, the court may usually accomplish this. In general, if the issue involves neglect, the court can accomplish this.
That includes food, proper shelter, education, healthcare, etc. When it comes to a disabled child, neglect is considered failing to provide education and medication.
If the parent or guardian can show that they are handling the neglect, the case can be dismissed, usually without the court’s input.
Opt for a settlement instead of a court case.
Settlements are a way of arbitrarily dealing with a case. The lawyer, client, and CPS agent meet and discuss how to deal with the issue.
The CPS agent may suggest a way to improve on a situation causing the neglect. The parent guardian will agree and avoid getting dragged to court.
Again, knowledge is power.
If a parent is aware of the current legislation, the court will not trick them into believing false charges. The different States have different definitions of neglect and abuse. Know what constitutes this in your state.
A lawyer should take every piece of information in stride.
A thorough investigation should go into the case. Simply relying on a client to provide the needed information may not yield the desired results.
Medical records, photographs, foodt documents, and school records have valuable information. It may help towards a case dismissal before it goes to prosecution.
The lawyer must keep their client up to date and vice-versa.
If the lawyer informs the client of his legal rights, they will keep them from implicating themselves.
The guardian or parent should keep the lawyer in the loop about specific changes in the home or job. That will be crucial in having the case dismissed and closed.
Estimated Time Frame For CPS Case
The time taken for a case to close depends on the case itself. The intricacies involved in a child abuse and neglect case may warrant a month, months to a year-long case. That is primarily because of the inevitable investigations.
However, the case can be dismissed within days if proven adjustments are made to ensure that the child’s living conditions do not reflect neglect.
In any case, parents and guardians should make sure the case is closed to avoid future inconveniences. That should be the case, especially if the case turns out to be untrue.
What To Expect With CPS Cases
As a person faced with a possible CPS case, it is essential to understand how a CPS case goes. Acknowledge what is legal and what is not. Here are some of the expectations.
- The person who made the report will not be identified in court or after the case. The idea is to protect the anonymity of the person. If they are exposed, it leaves room for other abuse cases not being reported.
- The court can interview the child without the parent or guardian. That is especially true if the parents are the alleged perpetrators. Sometimes they can do the same even if the parents are not involved in the abuse.
- It is best to cooperate with the agency. If there are follow-up investigations, the court suggested that parents and guardians work with the CPS. Being combative with them will worsen the situation, and they might lose.
- Communication is critical in such cases. If a parent wills this case to become dismissed before it makes it to court, respectful communication is critical. Being disrespectful might land them in hot water.
Consulting a lawyer before making any statements is very important. They should also advise them on the importance of tactful and truthful statements.
Know If A CPS Case Is Closed
The end goal of any lawyer or parent is to have a CPS case dismissed and closed. That will ensure that there are no further problems in the future. Even if there are, they will not be affected by an open case in the past.
The court recommends that parents and lawyers make sure the case is closed.
The CPS will automatically notify you when the case is closed. After an investigation into child neglect and anise has ended, the CPS takes a maximum of 90 days to notify case closure. They also allow you to contact them if you don’t get any notification within 90 days.
Can I Access CPS records?
The law allows you to access CPS records. That will allow you to check if your case is still active, dismissed, or closed. It also allows you to check the accusations made and the evidence against you.
However, the person who made the report isn’t in the record you can access. That is the case made to keep them safe from harm. In case the abuser desires revenge or gets rid of a witness.
Child abuse and neglect are considered severe and grievous. Parents may lose their children to the system. More than that, they may be protected and sent to jail if the offenses are severe enough and can be proven.
The court should examine all evidence, and the court should prevent such incidents.
No parent wants to deal with a CPS case. It takes time, money, and an emotional toll on the parties involved. The best-case scenario is to have the case dismissed. However, this can be a long shot if they do not have the required legal advice.
Seek the services of an experienced lawyer. That will save you from potential disappointment and possible conviction. We hope this article gives you an inside perspective of CPS and its workings.