Few things are as upsetting to a parent as learning that Child Protective Services is initiating an investigation into child abuse allegations against them. Before even agreeing to be interviewed by CPS, a parent should immediately contact a Family Law Attorney to help them maneuver through the agency’s often inscrutable investigative process. For one thing, you are not entitled to know who filed the report. Sometimes, a “mandatory reporter” such as the child’s teacher, school nurse, therapist or doctor — professionals who are legally bound to report suspected abuse — may be the source of the complaint. Sometimes a spouse or ex-spouses may also file charges; sometimes with cause, and sometimes just to make trouble for the custodial parent. But no matter how the investigation is triggered, once begun, it often means a bewildering path of home interviews, followed by court appearances and hearings, with nothing less than the loss of your custodial control over your child hanging in the balance.
Navigating through a CPS investigation, and the possible hearing that may follow, requires the help of an experienced Family Law Attorney, who will help you understand the process, deal with the Attorney for the Child who will often be appointed by the court, and present the best defense to what may very well be dishonest charges that imperil the relationship between you and your child.
CPS hearings are a legal procedure unto themselves. There are no rules of evidence, and the court’s sympathy is often with the CPS findings, which are not always accurate. To overcome that presumption that CPS has fully investigated the matter and come to the correct conclusion, only a skilled Family Law Attorney can upset the court’s predisposition to rule against parents, and correct the record to show that there is no foundation for a complaint.
The attorneys at Breiter and Gura have successfully guided many clients through this unpleasant process, guaranteeing them of their right to effectively defend themselves against any CPS charges.