Why CPS Is Failing To Do Proper Investigations For Allegations!!!
Children's Protective Services Investigation Process
When a prospective client comes to the Bryan Fagan Law Office, PLLC with a concern about an investigation of Child Protective Services (CPS), it is the intention of the attorney to provide information about their rights and what to expect during the investigation itself.
As a government department, CPS provides via their website a very simple overview of their investigation process. However, such guidelines are not always followed as clearly as their website can suggest, as anyone who has ever been investigated by CPS will tell you.
In terms of their willingness to examine your family and what you can do as an answer, this blog post will clarify what CPS will actually do. From the start of this post, I can agree that getting a phone call or a knock on the door and seeing a CPS caseworker on the other side of the door or phone can be very unsettling.
However, the power of CPS is not limitless, and despite any claims being made against you, there are measures you may take to defend yourself, your family, and your right to parent your child.
How the CPS works during an inquiry:
It is the responsibility of a CPS case-worker / investigator to gather information to help CPS assess the protection of a child for whom a report has been made.
CPS hears from individuals who may anonymously report violence or neglect events against a child about possible cases of abuse and neglect. After an initial visit with you, it will be decided whether CPS will need to become more involved with your family or even exclude your child.
How does the CPS obtain the data they need to make this kind of determination? CPS inspectors, just like a police officer, can:
- Check your child for accidents or symptoms of neglect
- Get copies of documents from schools, police reports, and medical records
- Get your child tested for medical or psychological reasons.
- Carry out a home inspection, including taking pictures,
- Talk to others they think may have knowledge about reports of violence or neglect, including teachers, neighbors, relatives, or physicians.
How to handle yourself during an inquiry:
Most people, understandably, believe that when CPS is researching them and their families, they are unable to do something.
This simply isn't true. In the course of a CPS inquiry, there are many steps you can do that can go a long way towards defending yourself and your children's rights.
During a CPS investigation, the most simple thing you can do is to show the agency that you are able to keep your child safe from harm. This means discussing whatever reports and the claims found in it have been made.
If the complaint is baseless, you should convince the caseworker that the claims made against you have nothing to do with it.
If there is any merit to the study, you should take constructive action as best as possible to minimize any potential risk of injury. If that means removing a person who has harmed your child from your home, then that's the best thing.
Additional examples include:
- Fully eliminating drugs or alcohol from the household,
- Ensure that the refrigerator is stocked with food or food properly
- To appear more orderly, simply cleaning up the house.
They are all examples of circumstances where, if the situation warrants it, a child should be separated from your care.
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