Why You Shouldn’t Testify In Your CPS Case Before A Criminal Hearing! 😟

 Testify In Your CPS Case Before A Criminal Hearing!

Preliminary Protective Custody Hearing (PPCH)

This is the first hearing in a case with CPS. If your kids have been expelled and/or if CPS thinks your kids need protection, a hearing is held within 72 hours. The CPS investigator will possibly inform you of the hearing and will call you, leave a note at your door or give you a letter in the mail. It is critical that you attend this hearing because you automatically win if you do not attend CPS.

YOU HAVE THE RIGHT TO HAVE AN ATTORNEY REPRESENT YOU AT THIS Trial. The attorney should be at the PPCH if you have a lawyer. If you can not afford an attorney, after the trial, one will be named. An attorney referred to as a Limit would also be allocated for your children. You could be asked questions by the judge during the hearing about incidents leading to CPS being involved. If you do not have a lawyer, it is important to say very little about the events or even decline without a lawyer to answer any questions. CPS probably would use any comments you make at this hearing to keep your kids in the system.

Plea Hearing and Confirmation of Counsel (PH/COC)

The case will proceed to a plea hearing if the Court finds that your children need protection. If you do not have a lawyer and can not afford an attorney, you will be named by the Court at the PPCH as a lawyer and your lawyer will appear with you at the plea hearing to clarify on the record that you will be represented by them. YOU MUST ATTEND THIS HEARING again. If you don't attend the hearing, your court-appointed lawyer won't guarantee that they represent you.

Furthermore, CPS will move against you on the case and if you are not at the PH hearing to enter your plea, CPS will definitely prevail. The CPS will file an appeal prior to the plea hearing. All the claims CPS makes against you will be included in the petition which will clarify why CPS thinks your children need protection. Please carefully review the petition. In the petition, write down your questions and any things that you do not agree with and carry this list to the plea hearing with you.

Adjudicatory Hearing (AH)

The Court will schedule an AH if you refute the charges in the petition. This hearing is a courtroom like that. CPS will provide the judge with facts and testimony to support their case. You'll also be given the opportunity to present evidence and testimony to the court. YOU MUST ATTEND THIS HEARING. After both have put forward their side of the story, the judge will decide whether or not CPS has given adequate evidence to support the claims in the petition. If so, then your case will go on to R&D. If the judge thinks the need for defense has not been shown by CPS, then the case will be dismissed.

Review and Dispositional Hearing (R&D)

If you have admitted or pleaded no contest OR to the claims in the petition if the Court upheld the petition after an AH, the R&D case would be set by the Court. Your caseworker will present a summary and a case plan to the Court at the R&D hearing. Before the R&D hearing, you should be provided with these reports. Carefully review these documents and take note of any issues or concerns that you have with the language in the study. The case plan is your "roadmap" on how you can get your kids back. You must bring these things to the attention of your counsel before the R&D hearing if there are conditions found in the case plan that you disagree with.

The judge will review the case plan and report at the time of the R&D hearing, and ask the caseworker, your counsel, and the CAP for suggestions. The judge may consider any conflicts you may have with the case plan and report and may request changes to the plan from the caseworker. You must fulfill the criteria of the case plan to bring your children home until the case plan is authorized and approved by the Court. YOU've got to attend the hearing.

Review Hearings and Permanency Hearings

The court must hold a hearing at the six-month mark after the court has taken the wardship of your children. This hearing is known as a summary hearing. The aim of the review hearing is to determine whether or not you have fulfilled your case plan requirements. If you have fulfilled the criteria and the CPS believes that the home is safe, the children will be returned to you and the case will be closed. The Court will schedule a permanent hearing if you have not fulfilled the provisions of the case plan. YOU MUST ATTEND THIS HEARING. If you still have not met the criteria of your case plan by the permanency hearing, CPS will ask the Court to revoke your parental rights.

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