Child Protective Services (CPS) Defense

CPS (Child Protective Services) lawsuits are complex and require a skilled professional to fight for the suffering party’s rights. The circumstances complicate further when there are innocent people (parents or family members) involved. Despite having no criminal history, parents might face false allegations of child abuse or neglect. Their children are forcibly taken away, and the interactions are restricted.

Since CPS is a reputed governmental agency working to prevent child maltreatment, not all parents can afford to take on a CPS case without legal representation. The Daniel Albert Law Firm defense attorneys can help if you are going through a juvenile dependency case.

We resort to a specialized approach in such matters and thoroughly examine testimony and evidence of the crime or no crime to establish a first action defense against the CPS. Our team of lawyers stays in touch with CPS on your behalf to ensure they adopt proper procedures for prosecution or reparation, whatever is applicable. With us, you can feel comfortable about your child’s prospects because we realize that we carry a lot of responsibility in ascertaining false claims by the CPS and restoring the child to their parents.

Procedure In Case of Removal of Child from Custody

If the child is removed by CPS or a CPS worker contacts you for your child regarding abuse or neglect, please reach out to us at the earliest. CPS may perceive a threat to the child and has authority to remove the child from its parents or guardian with or without a court order. However, CPS must secure a court order authorizing the removal within specific time frames. The parent or guardian will be served with the court order, the date and time of the “removal hearing.” This removal hearing needs to be held fourteen days post the child’s removal.

At the removal hearing, the court decides whether the child can return to his parents. If the court chooses to, the child must remain with CPS, then a “status hearing” will be held forty-five days post the removal hearing until the child will stay with CPS. The “status hearing” consists of the court gathering to decide whether the parents’ behavior concerning how they would treat the child has improved or not and if they have followed the “service plan” created for them by the CPS.

There are also additional “permanency” hearings. The last step is the final hearing, where the court decides whether the parents have earned back the right to their child or that this is a case of termination of parental custody.