Who needs to know how to get a CPS case dismissed? As an attorney representing a custodial parent in a Child Protective Services (CPS) case, you need to be prepared for the courtroom. Knowing how to get your client’s CPS case dismissed is one of the most important parts of your job.
This blog post will provide an overview of strategies that can help you achieve this goal, so you can defend your client’s best interests and strive for success in the courtroom. Keep on reading for how to get a CPS case dismissed.
What is CPS?
CPS is a government system that investigates reports of child abuse and neglect. If the investigation yields evidence of maltreatment, CPS can remove the child from their home or take other protective action. This is to ensure the safety and well-being of the child in question.
Keep on reading for further information about how to get a CPS case dismissed.
How is a A CPS Case Initiated?
When CPS receives a report of child abuse or neglect, they will conduct an immediate assessment regarding the severity and magnitude of the incident. Details such as circumstances involving the minor, conditions in their home setting, degree to which damage was inflicted on them, and any other children that may have been present in said environment are all taken into careful account.
Reports of any sexual misconduct or serious physical harm are immediately reported to the police for further investigation. Any other incidents, however, will be assessed by Child Protective Services in order to determine if there is enough evidence and grounds for an official CPS case to be launched.
In cases where a complaint was previously investigated and found to have no basis, or does not meet the criteria for neglect, CPS may reject it and decide against starting a case. However, when sufficient evidence is present that indicates abuse could be taking place, CPS will begin an investigation. Depending on local laws pertaining to urgency of reports such as this one, they will typically initiate their investigation promptly.
- Within 24-48 hours in cases of immediate danger; or
- Within 30-90 days if immediate danger is not present.
The Child Protective Services are obligated to seek out and alert both parents concerning the progress of the inquiry.
In most circumstances, CPS must obtain a court order to remove the child from their home. Nonetheless, if an imminent danger or risk of harm presents itself, law enforcement can take swift action and remove the child without such permission.
To determine if removal was essential in these dire instances, judges are obligated to assess the situation shortly after removal has taken place. Please pay attention to this detail when you consider to call a CPS into your case and how to get a CPS case closed.
How Long to Close A CPS Case?
Numerous aspects, such as the type of claimed abuse or neglect, influence how long a CPS case might last – anywhere from several months to one year.
For examples of neglect cases, merely transitioning into another home environment or guardianship may lead to closure of a proceedings; however, it is in everyone’s best interest that these instances be terminated quickly and definitively when the claims are untruthful.
Below are 5 things you should take into consideration when it comes to how to get a CPS case dismissed.
How To Get A CPS Case Dismissed?
1. Request to dismiss the case via a motion.
If you feel that your client’s CPS case is without merit, you can file a motion to have it dismissed. This must be done in accordance with state and federal laws, so familiarize yourself with the relevant laws before filing your motion. This is the first thing you should know about how to get a CPS case dismissed.
2. Provide facts to refute the claims.
If your motion to dismiss is denied, you can present evidence in court that disputes the allegations made against your client – another way for how to get a CPS case dismissed. This could include witness testimonies, medical records, and other documents that show how CPS’s claims are unfounded.
3. Arrange a mutually-beneficial accord with CPS.
In some cases, it may be possible to work out a settlement agreement with CPS that includes services for the custodial parent, but allows the child to remain in their home. This is typically a more favorable outcome than having the case proceed to court.
4. Speak with an expert witness.
In some cases, it may be beneficial to speak with an expert witness who can provide testimony that disputes the allegations made against your client. This could include a psychologist, social worker, or other professionals who can provide an unbiased assessment of the case.
This is also a key factor for you to get past a CPS case, avoid having false allegations and that can lead to some bad consequences.
5. File an appeal if necessary.
If the court rules in favor of CPS and you believe their decision was wrong, you may have grounds to file an appeal. The appeals process will vary from state to state, so make sure you are familiar with the relevant laws before filing an appeal.
By utilizing these strategies, you can put yourself in the best position to get a CPS case dismissed and defend your client’s interests in court. It is important to note that each situation is unique, so when it comes to how to get a CPS case dismissed, make sure to check carefully with your custody attorney for more details.
FAQs
What happens if I fail a CPS drug test ?
The answer to this question depends on the severity of the drug use and how it impacts the safety of the child in question. If CPS has determined that the parent’s drug use poses an immediate risk to the child, they may remove them from the home and pursue other avenues for custody. It is important to speak with a legal professional if you have any questions regarding how failing a drug test for CPS may impact your case.
Can CPS take my child away without proof?
No, CPS cannot remove a child from their home without providing proof that there is an imminent risk of harm to the child. In most cases, they must obtain a court order to do so. However, if CPS determines that the risk of harm is so great that it necessitates immediate removal, they may take action without obtaining a court order.
What other evidence can be used to dispute CPS allegations?
Other evidence that can be used to dispute CPS allegations includes character witnesses, school or medical records, and photos or video footage of the child’s home life. It is important to speak with a legal professional about how these pieces of evidence may be used in your case.
Can I represent myself in a CPS case?
Yes, it is possible to represent yourself in a CPS case. However, it is important to note that doing so may be complicated and difficult. It is generally recommended that you speak with an attorney who specializes in family law and can provide you with the best legal advice for your particular situation.
Conclusion
It is vital for those facing it to understand how to get a CPS case closed. By following the steps outlined above and understanding what exactly needs to be done in each situation, legal professionals can ensure their clients get the best possible outcome. Additionally, it is important to be aware of how failing a drug test or other mitigating factors may impact the proceedings so that you can have an informed discussion with your client before taking any action.
By using these strategies, those involved in CPS cases will be better equipped to defend their clients’ rights and ensure the best possible outcome for all parties involved.
This article is for informational purposes of how to get a CPS case dismissed only and should not replace comprehensive legal advice. Seeking the counsel of a certified lawyer before taking any action in your case is always highly recommended.
