Going up against a governmental regulation is not a piece of cake. If Child Protective Services (CPS) wrongfully targets you for child abuse, it will take no time to lose your child’s custody. Therefore, parents must learn how to get a CPS case dismissed.
Even though governmental bodies for children protection help numerous homeless children to get a safer home, every organization has its flaws. If any governmental body accuses you of violating children’s rights or child negligence, in that case, you will need a strong attorney by your side who can fight for you. An attorney will ensure your family’s stability and help you smoothly get through the tiring court process.
CPS is Lawfully required to Probe the Complaints
CPS is lawfully obliged to investigate the child abuse complaints irrespective of whether they are true or false accusations. The intensity of the investigation depends, it can be just a conversation, or if they get suspicious, it can turn into a detailed investigation.
You will get a call from the authorities 72 hours past the complaint.
What legally constitutes neglect or abuse?
Typically, state laws vary in defining what is lawfully called neglect or abuse. Primarily, any sexual, mental or physical abuse can lead to launching a full investigation by Child Protective Services. While in some states, even threatening a child or any act that could lead to a risk of harm to a child will be subject to a probe.
On the contrary, according to the law, neglect defines a parent’s poor caretaking of their child. It can include:
- Failure to provide medical care, shelter, and food to a child
- Unable to provide a child, caretaker to babysit when you are not home
- Not getting your child admitted into school (more than half of the states have this rule)
- Failure to provide extra care to special children
How to get a CPS Case dismissed?
CPS will attempt to manipulate families unaware of parents’ rights in Texas. If you are wrongfully accused of anything, you must never stop fighting.
For sure, you can fight CPS and can be victorious if you are right.
The best way to save your child’s custody is to go for case dismissal in some circumstances. As per Texas law, the judge can rule for CPS case dismissal if the CPS lack enough evidence to prove or if the government body is satisfied that certain conditions are fulfilled.
What happens when CPS comes for investigation?
After receiving a complaint, it depends on CPS how to conduct the investigation. They can just visit the house where the child lives and interrogate family, parents, or foster parents. In some cases, they physically examine the child for any traces of physical abuse.
In another case scenario, CPS can ask for the child’s or parents’ medical records, criminal charges, or mental health reports to identify whether there is a history of child abuse that runs in the family or not. This will help them find the truth.
Once the investigation is completed, CPS will conclude whether the child has been the target of abuse or negligence. CPS must intervene to guarantee the child’s well-being.
If CPS declares the case as negligence, they will assign a social worker who will help the family develop a plan to ensure the child’s welfare. This can include:
- Parents getting admitted to parenting classes
- Parents taking a drug test and, if habitual, then will have to receive help for drug-related problems
However, in cases where a child’s life or safety is at risk and requires immediate action, CPS can file a petition in court which could ask for:
- Temporary custody
- child‘s placement in a foster center
- Participating in child’s safety plan
How long does the CSP Case go?
However, it typically depends on the case’s seriousness, a standard case can take 45 days to complete. It takes longer than that. CPS must inform the parents of the case delay cause.
How to identify if a CSP Case is closed?
Usually, CPS will notify you by sending a letter for case closure. The process takes 90 days post-investigation. If you don’t get the letter within this period, you can also directly contact CPS to check the status.
How to access CPS records?
You can have access to CPS records except for the person who had filed against you. Check for the court law to learn how you can access the records.
Legally, you are not compelled to corporate with the government agency unless they come with a court order. However, if you want to get your case dismissed early, you need to involve the CPS agents. For that, you need to do the following things:
- Provide documents
- Let your house get inspected
- Answer questions honestly
Apart from that, do follow what they ask for to get the case resolved otherwise, once it goes to juvenile court, you won’t be able to do anything.
One thing you should remember, CPS works what they think is best for children. They always wish for the welfare of the children. In fact, they don’t want to separate the child from their parents unless the child’s safety is at risk or it is the only option left.
Get help from an attorney to get your case resolved
Undoubtedly, CPS intervention can be stressful a lot of times, thereby to secure your child’s and your family’s future, you will need an attorney by your side. Even though it is not necessary, it’s good to keep your case strong. So, take legal advice and act lawfully.
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