In the nightmare situation of a wrongful abuse or neglect claim, you will need the assistance of an expert attorney to guide you through the process and safeguard the stability of your family. The request to CPS dismiss form contains information regarding the case as well as the reason why the defendant wants to have the case dismissed. Read on to find tips on how to get your CPS case dismissed quickly.
What Does It Imply if the CPS Files a Report Against You?
CPS may tell you during their initial interactions with you that a report has been filed listing you as a parent who may have harmed or neglected your child. This signifies that someone reported an event or occurrences of abuse or neglect in which you were involved to CPS (presumably via their toll-free hotline). CPS is required to conduct an inquiry into this complaint.
The names of your child and you, as well as any information regarding the suspected abuse or neglect, must be uncovered. If a report is deemed significant by CPS, it must be investigated within 24 hours of receiving the information. If the danger to your child is not as serious or immediate, an inquiry must begin within 72 hours of receiving a phone call.
Why Is CPS Involved in Your Family’s Life?
In general, CPS collaborates with state and local services to protect children who are suspected of being subjected to physical, emotional, or sexual abuse or neglect.
CPS is required to examine all reports of child abuse or neglect. They have been given certain powers, including the removal of a child from the home if clear evidence warrants it. A complaint can be filed by anyone, from a neighbor to a teacher to another family member, and CPS must investigate it.
As CPS becomes more involved in your family’s affairs, they will either allow the child to remain in the home or begin measures to remove your child immediately. Parents must keep in mind that this is not a personal attack on them. It may appear like away, particularly if you do not believe you are being treated fairly. However, CPS is ultimately concerned with a child’s well-being. It’s critical to keep your cool throughout this time.
What Qualifies as Abuse or Neglect?
What constitutes abuse or neglect is defined by state law. Generally, any physical, emotional, or sexual abuse suffered by a kid during his or her life will be investigated by CPS. Acts that threaten the kid with harm or present a significant danger of harm to the child’s health are also included in certain jurisdictions’ definitions of abuse.
Neglect, on the other hand, is typically characterized as a parent’s or guardian’s inability to provide adequate child care. This could include:
- Failure to give the child food, housing, or medical care
- Not being able to find someone to watch your young child when you are unable to care for them.
- Failure to enroll your child in school (half the states and DC have this rule)
- Not providing the necessary supplementary treatment for special-needs children
Who Filed the Report Against You?
Anyone who resides in Texas has a legal obligation to report any cases of child abuse or neglect that they become aware of. Some persons, such as teachers, doctors, and nurses, must file a complaint within two days of learning of a child’s abuse or neglect. Failure to do so constitutes a felony. This is a strong motivator for people to report probable cases of abuse or neglect, even if the underlying evidence is insufficient to prove such a serious charge.
Because these reports are filed anonymously, it is doubtful that you will be able to determine who made the accusation against you. The justification for keeping these reporters anonymous is simple: if you found out who made the report against you, you may act maliciously toward that person as retaliation for filing a report identifying you as a probable child abuser or neglecter.
What Does a CPS Caseworker Look For During an Investigation?
If CPS concludes that there is nothing in your house that poses a risk of harm to your child, your investigation should be ended as soon as possible. Abuse or neglect allegations should be dismissed. CPS must notify you to advise you that any investigation into you, your child, or your family has concluded.
Similarly, even if CPS discovers a condition in your house that could endanger your child. Nonetheless, you are capable and willing to take some preventative measures to keep your child safe from the disease; your investigation will most likely be concluded as soon as the issue is rectified. When discussing this topic, simple domestic dangers such as a leaky roof, holes in the floor, or household cleansers within reach of the youngster come to mind.
Your child will most likely be able to stay in your house as you try to rectify these problems and remove any imminent threat to your child’s safety.
What Factors Does Cps Consider When Assessing Whether or Not Your Child Is Safe Enough to Remain at Home?
What are the current threats in your home that could endanger your child? Is your child currently in danger of being harmed? Was your child the victim of an injury or event that happened a long time ago and is unlikely to happen again? The harm must be severe as well. A minor injury, such as a bruised knee, is very different from a fracture caused by a broken stair or a roof that leaks often and could fall at any time.
If your child was hurt and it was not the result of an accident, CPS may decide to remove your child from your home. Keep in mind that the people you invite into your home may pose a risk to your child. If you invite drug users into your house, keep in mind that their paraphernalia may pose a major danger of injury if left out and within reach of your child.
Going To Court For a CPS Case
If CPS files a lawsuit, you will be required to appear in court. As you seek to have the CPS case dismissed, you will need to gather information and evidence to back up your claim.
The following section is critical. Attend a CPS hearing with a lawyer, preferably one who knows the ins and outs of Texas family law. You want to be in the greatest position to answer inquiries and offer evidence simply and without being defensive. I can assist you in navigating this problem.
Following your appearance in court, you will be given a schedule of dates and times to appear in court again. Make certain that any future court dates are recorded so that you may continue to pay your commitments.
You are not permitted to miss any court dates concerning a CPS case. Make plans ahead of time to ensure your attendance. You don’t want to damage your prospects of recovering complete custody of your child.
CPS Hearings in the Future and Meetings at the CPS Office (if Needed)
A CPS case involves a number of steps. If your child has been removed from your home, the legal process might take up to a year.
- Day 1 of your child’s removal
- Adversary hearing – usually on Day 14
- Status hearings are usually held on Day 60.
- Day 180 is usually the day of the initial permanency hearing.
- Permanency hearings are usually held on Day 270.
- CPS case trial, dismissal, or extension – generally Day 360
- CPS and the court can continue to monitor the home situation even after the year is up:
- Dismiss, continue to monitor, or go to trial – usually on Day 540
- Dismiss or go to trial — usually on Day 720.
These dates are subject to change, and your CPS case may finish or be dismissed within this time frame.
Make sure to bring any and all accumulated documents with you to each of these hearings. Remember that CPS has the authority to dismiss your case at any moment if they believe the child is not in real danger or if all agreements, services, and specified chores have been accomplished.
A judge may also get a CPS case dismissed if the CPS fails to produce enough proof of abuse or neglect. A CPS case can be dismissed quickly for a variety of reasons, particularly if it is discovered that a vindictive family member is circulating false information, which regrettably occurs more frequently than people realize.
If you have information to challenge the claims or believe you were wrongfully accused of abuse or neglect, you can file dismissal documents right away. For the CPS case to be dismissed, the paperwork must be highly accurate and provide important reasoning.
What May Parents or Guardians Expect During a CPS Case?
The identity of the individual who reported the abuse or neglect will be kept private. This is done to safeguard the reporter from retaliation from the alleged abuser.
#1. Without parental consent, their child may be interrogated.
Even if the parent is not the accused abuser, the CPS caseworker has the right to interview the child without the parent or guardian present in order to acquire information that would aid the investigation.
#2. Their collaboration is critical.
A CPS case does not always imply that the child will be removed from the household. CPS may mandate interventions such as community service, parenting training, drug tests, or even simple home repairs to address the issues raised in the report. In these interventions, a lack of parental/guardian participation with CPS caseworkers may intensify the claims against your client.
#3. Their interactions with CPS employees or investigators must be respectful.
Whatever parents or guardians say to CPS investigators or law enforcement may be used against them in court, regardless of their innocence. As a result, before the case goes to court, parents and guardians will benefit from legal counsel on how to engage with CPS caseworkers carefully, openly, and truthfully.
Tips for Lawyers on How to Get a CPS Case Dismissed
The following are some suggestions for quickly getting a CPS case dismissed.
#1. Try to settle the case as soon as possible before it goes to court:
The majority of CPS cases include neglect. It demonstrates that the child’s needs are not being met by the parents or guardians. In general, a neglect case entails a lack of food, shelter, health care, and education. In certain states, cases include a parent’s failure to send a child to school and their inability to meet other special requirements. Instead of going to court, these negligence cases are settled promptly.
#2. Reach an agreement:
Abuse and neglect cases can be resolved. Organizing a conference can help to close the case before any trials, which may include you, your client, case investigators, or anybody else involved.
#3. Self-investigation:
Your client may provide you with all of the relevant information. However, your diligent inquiry may result in the case being closed sooner than expected. You must independently verify the following information.
- medical documentation
- psychological assessment
- records from school
- employment history
- Research articles
You might discover a compelling cause to dismiss the case soon. However, if the case proceeds to court, the judge has the authority to dismiss the case if any probable cause is discovered prior to the trial.
#4. Stay up to date on changes in federal and state laws:
Federal and state laws vary by state in the United States. So, before taking any action in the case, make sure you are up to date on the laws. If the charges do not match the definition of neglect, the court will dismiss the case on the state’s behalf.
#5. Contact your client on a daily basis:
It is critical to maintaining regular contact with your original client. Please get in touch with your client as soon as possible. Inform your client of the case’s critical rights. Regardless of your client’s hearing schedule, case preparation keeps you up to date on your client’s living conditions. Some pertinent information about the situation may assist you in bolstering the case. Changes in the client’s or a child’s life circumstances can assist you to drop the case fast.
Conclusion
If your client has been wrongfully accused of child abuse or neglect, you can help them escape the emotional trauma of a prolonged CPS case, especially if they are denied child custody, by ensuring that their CPS case is completed as soon as possible.
