CHILD PROTECTIVE SERVICES LAWYER

Child Protective Services has three choices when they receive a complaint of abuse: (a child protective services lawyer can help)

1. They can reject the complaint. This would seem to require the least amount of work. However, it actually requires more work to find out that a parent is innocent. For example, it’s a lot easier to just believe the complaint than to look any further into any allegations.

2. They can assign the complaint for investigation. This usually means a case worker/investigator will then come out to the home to ask questions and to corroborate what is stated in the complaint.

3. Lastly, they can transfer the case to another agency for investigation.

Statistics show that in 2007, only 26% of investigations resulted in a “preponderance of the evidence” finding that the abuse occurred. On the other hand, about 3 out of four petitions to the court fall short of proving abuse. During that length of time the accused parent can lose everything, and their friends and neighbors may have already labeled them.

CAN THEY TAKE MY CHILD?

The simple answer is yes. Child Protective Services (CPS), under the Department of Human Services (DHS) has the ability to petition courts for removal of your child from the home or to remove you from the home.

CPS LAWS OVERVIEW

CATEGORIES: CPS “DETERMINES” WHAT IS HAPPENING

After investigating, Child Protective Services fits the issue or incident into one of five categories: CATEGORY I This is a determination that there is a preponderance of the evidence showing that child abuse or neglect has occurred or is occurring. A petition will be filed and services will be provided by Child Protective Services or by foster care. Parental rights can be terminated. The risk assessment is intense. CATEGORY II This is a determination that would be similar to Category I, and the risk assessment in this situation is high. Services are provided by CPS. CATEGORY III This is a determination that there is a preponderance of the evidence that there is child abuse or neglect, but the risk is low or moderate. CPS will make community-based service referrals in these cases. CATEGORY IV In these cases, there is not a preponderance of the evidence and insufficient evidence of child abuse or neglect. CPS will assist the family in participating in community based services. CATEGORY V These are cases where Child Protective Services is unable to locate the family or no evidence of child abuse or neglect is found.