How can cps take your child

This Is What CPS Can and Cannot Do

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While it may seem like Child Protective Services (CPS) has total control over what happens to your family, it’s important to know which actions they can and cannot legally take. Here’s what you should know:

CPS has the right to do the following:

• Investigate reports, even if they are false.
  • Mandated reporters must report any suspected child abuse. If they don’t, they can be held legally responsible for neglecting to share what they know. Mandated reporters include:
    • Doctors
    • Lawyers
    • Therapists
  • CPS must investigate every substantial report. However, not all reports are substantial or significant enough to warrant investigation.
• Connect you with valuable resources.
  • The agency does a good job of connecting families with resources that can benefit them. In some instances, they may even have the ability to provide financial help.
• Meet with your child without your permission.
  • This may be concerning, but it’s true. CPS workers are entitled to meet with your kids without receiving your permission and without you present. It’s common for CPS to speak with your child before speaking to you. This is done so that guilty parents don’t have the opportunity to coach or threaten their kids into providing certain answers.
• Demand that you follow a plan.
  • CPS may demand that you follow a safety or service plan. These aren’t typically court-ordered, which means they cannot truly be enforced. But if you choose not to follow the plan, CPS can tell the court that you are uncooperative.
• Anything you say can be used against you.
  • Be careful what you say to CPS because they can and will use any information you provide against you.
• Remove your children from the home.
  • CPS has the right to legally remove your kids from your home under particular circumstances. They must have a court order or be able to prove that your child is in imminent danger in order to take your child from you. Imminent danger includes things like:
    • Physical harm
    • Sexual conduct
    • Neglect
    • Firearms left out in the open
• Terminate your parental rights.
  • It is a lengthy and complex process, but it’s possible.

CPS does not have the right to do the following:

• Force their way into your home.
  • To legally enter your home, CPS needs a court order or the belief that your child is in imminent danger.
• Provide you with a drug test without your consent.
  • CPS must have a court order to force you into taking a drug test.

If you need effective juvenile dependency defense, contact our skilled attorneys at The Law Offices of Johnson & Johnson by calling (925) 900-5330 or by filling out our online contact form. Schedule a consultation if you have any further questions regarding what CPS can and cannot do.

8 Reasons Child Protective Services May Take Your Child from Home

Updated on August 22, 2022

All parents fear having their children taken away, but this event is a possible outcome of a CPS investigation. If you are under investigation by Child Protective Services, do not hesitate to contact a Harker Heights CPS lawyer to protect your rights and prevent the agency from taking your children from home.

When Can Child Protective Services Take Your Child?

Child Protective Services can take your child from home only if the agency has a court order authorizing it to do so or if a CPS caseworker believes that an emergency situation exists to warrant an “emergency removal.”

To remove your children from your home without a court order, a CPS caseworker must have a reasonable belief that one of the following situations is true:

• You pose an immediate threat to the child.

• The child would not be safe if they remained in your home.

• The child is in imminent danger.

Here are eight of the most common reasons CPS may take children from a parent’s home during an investigation.

1. Physical Violence

Unfortunately, physical violence is one of the most common reasons CPS removes children from their parents. When a CPS caseworker has evidence that a child has been a victim of physical violence at a parent’s home, they may take the child away from the parents. (What to Do if You Are Falsely Accused of Child Abuse in Texas)

2. Sexual Abuse

When a child has been a victim of sexual abuse in the parents’ home, CPS will take the child from home. In most cases, the perpetrator is also removed from the home to prosecute the sex crime against the minor. (Sexual Assault Awareness)

3.

If a parent or any other person is using illegal drugs in the child’s home, a CPS caseworker may remove the child from home. (What Can I Do if CPS Requires a Drug Test?)

4. Abandonment and Child Neglect

It is not uncommon for Child Protective Services to remove children from home when there is evidence that parents abandoned them or are guilty of other forms of child neglect. There are several examples of child neglect:

• Not providing a child with clothing

• Not providing a child with food

• Having no food in the house

• Not taking a child to a hospital to get necessary medical care

• Having a child locked in an enclosed space

• Denying a child’s access to the house

• Abandoning a child for a lengthy period of time

5.

In some cases, a parent may consent to the removal of their child. For example, a parent may allow CPS to take their child away from home to provide him or her with mental health services. When a parent consents to have their child removed, the child may be taken to a foster home or another relative’s home.

However, when one parent consents to removal but the other parent refuses to allow CPS to take the children, the agency will not be able to remove the kids without a court order unless the circumstances warrant an “emergency removal.”

6. Environmental Danger

During a CPS home inspection, an investigator will look for environmental dangers, which must be severe to warrant the removal of a child from home without a court order. (Learn more with a list of environmental dangers CPS will look for.)

7. Inadequate Care

A CPS caseworker may remove a child from the home if the parent is unable to provide adequate care to a child. Here are some situations in which a child may be removed from a parent’s home due to inadequate care:

• The parent was hospitalized or incarcerated.

• The parent has been diagnosed with a severe and untreated mental illness associated with dangerous behavior.

• The parent has a history of violent behavior.

8. Medical Abuse

Child Protective Services may remove a child from a parent’s home when the parent is guilty of “medical abuse.” Medical abuse occurs when a child receives medically unnecessary or even harmful treatments and procedures at the parent’s request.

What to Do if Child Protective Services (CPS) Took My Children Away?

If CPS removes your children, the agency must notify you about the removal within 24 hours. If a CPS caseworker took your child away on the weekend, they will most likely notify you on Monday.

If you were not home at the time of the inspection, a CPS caseworker will leave a notice of removal on your door. A written notice of removal will include the following information:

• The name and contact information for the caseworker who took your child

• The reason behind the removal of your child

• Information about CPS court hearings (Read more about defending yourself in court.)

• Information about your rights and obligations, including your right to be represented by a lawyer and your right to visit your child after the removal from your home

If CPS took your child away, you should reach out to the caseworker, whose name and contact information is on the written notice of removal, as soon as possible. It is equally important to contact an experienced attorney to discuss how you can get your children back from CPS.

Call a Harker Heights CPS Lawyer As Soon As Possible

Do not hesitate to speak with a knowledgeable attorney to help you get your kids back from CPS after the removal. Understandably, the situation is very stressful and intimidating, but you need to do your best to keep calm.

Contact our Harker Heights CPS attorney at The Law Office of Brett H. Pritchard to schedule a FREE consultation and discuss your situation. Our skilled CPS lawyers will fight for the return of your children. Call (254) 781-4222 to receive a case evaluation.

Related Reading

• What Does Child Protective Services (CPS) Look for When Inspecting a Home?

• When a Report Is Made to CPS

• What Is Co-Parenting in Texas?

How long does it take to get your child back from CPS (and why)?

Last updated: December 2, 2022 / author Sandeep Bhandari / Fact verified / 3 minutes

CPS stands for Child Protective Services. This is a government agency whose purpose is to ensure that a child is protected from abuse by one or both parents.

Contents

1

Violations include rape, neglect, or any form of health care that would persuade an agency and court to remove a child from his or her home.

Child Protective Services must first investigate allegations of abuse before removing any child from the home and collect sufficient evidence of the allegations.

When a parent abuses or neglects a child, child protection services will gather enough evidence to convince them not to take the child away from the parent. nine0006

In this way, child protection services will go to court and be able to sufficiently judge their findings and the reasons why they propose to take the child away from the parent.

If the child protection agency wins the case within 14 days of the court hearing, the child will be in their care for a minimum of 1 year or a maximum of 18 months .

In the meantime, the parent will undergo various tests such as parenting classes, psychological tests, counseling and parental therapy. nine0006

Parents will also be required to allow regular home visits in their homes. If, in any case, the parent refuses the services, then he has a chance to permanently lose parental rights to his child in favor of the child protection agency.

After a court has given Child Protective Services an order to allow the child to be taken from a parent, but the parent disagrees with the court's decision, the parent has 14 days to hear the case in court.

The parent will need to find a family lawyer or a qualified lawyer with an excellent reputation and possibly specializing in custody, divorce, and even adoption matters. nine0006

This will help the parent win the case and get the child back from child protective services within 14 days of the hearing.

The agency allows the child to create a supportive and peaceful environment in which the child can learn without distraction from parental abuse.

A child taken from a parent by a child protection agency will receive counseling for cases such as sexual abuse, which will allow him or her to heal from the trauma and stress inflicted on him or her. nine0006

This is so important for the brain development of the child victim. Child Protective Services will also ensure that once a child is removed from a parent, he or she is placed in a supportive environment.

The child will explore information with the right content for his or her age, the company of other children relevant to him or her, and even school care where he or she is confident in his or her education and well-being.

You note that if you suspect that a child is being neglected or abused, you must report it. nine0006

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“Daughter, bring daddy more beer”: will children be taken away from Dzhigan after his inadequate antics

Komsomolskaya Pravda

Zvezdshow-business scandal

Elena Petrova

March 9, 2020 16:45

American guardianship authorities can come home to the rapper

The rapper went into such a ruin that was in an elite clinic for drug addicts: Boris Kudryavi

The inappropriate behavior of Denis Ustimenko-Weinstein , aka Dzhigan , has shocked even his most loyal fans in recent days. After the birth of his long-awaited son, the rapper in Miami went on such a spree that he ended up in an elite clinic for drug addicts. nine0006

But the videos of his live broadcasts on Instagram, where the singer mercilessly swears in front of children, sings vulgar songs “pineapple is not ***” to them and demands to bring beer to dad, users of social networks will not soon forget. There is even a version being discussed that the American guardianship authorities are preparing to take away all four children from Djigan and his wife Oksana Samoilova , the youngest of whom is not yet a month old.

Is such an outcome of events possible, the site kp.ru asked the star lawyer Sergey Zhorin .

- In theory, children can be taken away, but in this situation it is unlikely, since there is an adequate mother, - the lawyer told Komsomolskaya Pravda. - Children in the USA can only be taken away by the court and only if both parents are dangerous for them. With regard to Dzhigan, if there is a complaint, they can make a remark, have a conversation with him, put him on record.

- And who can complain about his behavior?

Spring! La Bella Mafia Photo: iamgeegun

- In America, there is the Child Protective Service (CPS), this service is contacted in order to report child abuse. Any person, even a neighbor, can apply, and the Service is obliged to conduct an inspection. Employees come to the address where the child lives with their parents, conduct a survey of parents and witnesses, and clarify the situation. If, after such a check, the employees of the Service consider that the parents made a mistake in the educational process, they will be registered, sent for a consultation with a psychologist and made a remark, which will be stored in the authorities. nine0006

- And if the children look bad, they are starving, they have signs of beatings and ill-treatment?

- If the experts consider that the behavior of the parents was cruel and irresponsible, as a result of which the life of the child was endangered and his physical and psychological health was harmed, then the parents are summoned to court. At the time of the trial, the child may be placed under guardianship or relatives.

If the court hearing determines that the child cannot live with the parents, the authorities must determine whether there are other family members or close friends who could temporarily take over the care of the child. After checking the biographical data and assessing the living conditions, the child can be transferred to them. If there are no such people, the child can be transferred to foster care, but, as a rule, this happens very rarely. nine0006

- Can a rapper be punished for assaulting his wife? They say he attacked Oksana. ..

- Regarding the beatings to his wife, this has nothing to do with the children's issue. He could be prosecuted for assault. In the US, there is such a responsibility as “the prohibition to approach the person (victim) closer than” ... for example, 300 meters.

After the birth of his son, rapper Dzhigan began recording scandalous videos

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“Poor Oksana, left alone with four children”: Dzhigan’s wife is going to file for divorce

After the rapper’s inadequate antics, the fate of his family hangs in the balance (details)

“The situation is serious, he needs help”: Jigan’s friend made an appeal about the rapper’s condition alcoholics (details)