In some cases, CPS may also request medical or psychological examinations of your child to determine if the abuse or neglect occurred. In general, CPS will have to see and speak to all of the children living in your home during their investigation. CPS has the right to talk to anyone who may have information about your case. This may include your other children, neighbors, babysitters, doctors, relatives and more. As part of the investigation, a CPS investigator will typically want to visit your home.
You can refuse entry to the caseworker. However, if they have a court order, they can enter even without your consent. Child Protective Services will be able to access and review police reports, medical reports, school reports and more. At the conclusion of the investigation, CPS must determine if the report is founded true or unfounded false. If the report is unfounded, the investigation ends and the case is closed. Most screened-in CPS reports are unfounded.
Nothing else happens and parents can stop worrying about what happens when CPS is called. However, if the report is deemed founded, the case continues.
They can also file a lawsuit to take your children away. If CPS thinks that your children are in danger, they can remove your children from that situation for their protection. For a list of reasons why CPS may take your children, please look here. Other agencies can also remove children from the home before or during a CPS investigation.
A hospital can refuse to let a child go home with their parents if the doctor suspects this would be dangerous. Police can remove children from their homes, as well. If a child is taken from your home, you may be able to pack some clothes, a jacket, a toothbrush and a favorite toy to provide comfort. Look into this. Except in emergencies, CPS must obtain a court order to remove your children from your home. This starts when they file a petition with the court and receive an emergency protection order.
After the children have been removed, parents will be notified in writing about the removal. The paperwork they receive will include the removal filed with the court, as well as written statements about the reasons for the removal. Once the court is involved, the parent who is accused of abuse will be eligible for a court-appointed lawyer. According to Michigan Legal Help , any parent who is not accused of abuse does not have the right to a lawyer.
A preliminary shelter care hearing will be held shortly before or after the child is removed. At this hearing, the investigator will present the evidence regarding the abuse. Parents may present their own evidence to challenge the allegations. The judge will decide whether the child should stay at home or be kept out of the home until the trial.
The child may be placed with family, close family friends, or foster care. Another court hearing will be held after several weeks. This meeting is to determine whether there is enough evidence to determine whether the alleged abuse or neglect has occurred. The judge can decide whether there is enough evidence to suggest there was abuse, or whether the case should be dismissed based on the lack of evidence. At the dispositional hearing, the judge will determine where the child should live.
In some extreme cases, the judge may also order that the person who was accused of the abuse must leave the home. You cannot be forced to complete those, but the court can remove your child if you do not agree to cooperate with these requirements. If you worry about what happens when CPS is called, you should definitely plan to cooperate with these requirements. Those are categories, not details.
You are entitled to know what specific acts you are accused of committing. It is imperative that you not submit to a CPS interrogation before talking to your attorney.
But CPS agents are not reasonable. To them, the accusation IS the evidence against you. That caseworker is there to find evidence to support what she already believes to be true — that you abused your child. If you say nothing to them, you have taken away their greatest weapon, which is their ability to twist your words. Let me give you some examples of what was done to parents who did talk to them:.
The husband of a client of mine had been accused of sexually molesting their autistic, non- verbal daughter. The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing she could think of was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes. Usually, she would just go in by herself and go right to sleep. The investigator stated to the court that the mother admitted her child had become afraid of her own bedroom.
One father I defended told the caseworker that he had disciplined his daughter over a 20 minute period, where he would talk to her about what she had done wrong, swat her a few times, and then talk some more. The investigator stated to the court that the father admitted to beating his child non-stop for 20 minutes. As soon as you realize your family is being investigated.
The sooner an experienced attorney enters the picture, the sooner he or she can put a stop to abusive CPS tactics.
Many attorneys- if not most — believe their role is to find out what CPS wants and make sure their clients do it. That way often leads to disaster — and the loss of your children. Hostility toward the investigator is considered evidence of guilt.
Your perfectly natural angry reaction to being accused of harming your child will be used as evidence of an abusive personality. This is where an attorney can be a valuable asset. The CPS caseworker also contacts the mandated reporter who initiated the call. State Law also provides protection for the rights of parents or others legally responsible for the child. Finally, a determination will be made of whether the report is indicated or unfounded , depending on whether there is enough evidence of abuse or neglect.
If abuse or neglect is proven, a Service Plan for the family will be put into place.
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