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How to Fight CPS to Get Your Kids Back United States CPS

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Lukes Dad's picture
on Mon, 03/19/2012 - 13:08
How to fight CPS United States for your child

How to Fight CPS to Get Your Kids Back United States CPS

Many child protection services (CPS) organizations in the United States have broad powers to take custody of children they feel are being abused, neglected or mistreated. Once CPS has taken a child into their custody, administrative laws dictate family reunification; these rules are often vague enough to provide social workers with the power to maintain state custody for months and, in some cases, years. If your children are in state custody, you have legal options available to get your them back.



Hire a lawyer immediately. If you can afford a private lawyer, find one that specializes in CPS cases. If you are unable to afford a private lawyer obtain a public defender. While some individuals have successfully fought CPS charges on their own, in most cases having an attorney will help you get your children back sooner.

Write a sworn declaration attesting to your version of the events that caused CPS to remove children from your care. This statement should be witnessed and signed by a notary public. File the original, signed copy of this statement with your county court house; ask the clerk to ensure the document is included in the official file pertaining to your case. Keep a copy of this document for your records.

Document every interaction you have with CPS case workers or representatives. This written documentation can be used in court as part of your defense.
Research your state's CPS administrative rules and regulations

Research CPS rules and regulations. Check your local library for administrative policies that regulate both the CPS agency as well as individual case workers. If a case worker behaves illegally or inappropriately be sure to document the event immediately and inform your lawyer.

Review your rights. In most cases, it is best not to answer too many questions unless your lawyer is present. While you may feel that you are innocent and have nothing to hide, everything you say can be used against you.

Maintain polite conversation with CPS case workers at all times. Never raise your voice or behave in a way that could potentially call into question your ability to maintain control over yourself.

Be very clear about the results of court hearings. Requirements for the return of your children must be court-ordered. These requirements are the only legal obligations you have for getting your children back. Let your lawyer know if case workers indicate that you are obligated to perform activities that were not specifically outlined in court documents.
Comply with all court requirements and work with CPS case workers until the situation has been resolved.

Follow through with every court-ordered requirement and courteously and politely work with CPS case workers until a judge returns your children to your care.

Tips & Warnings

Record all conversations with case workers when possible. Most states require the consent of only one party of the conversation (you) in order to make a recording that can be used legally in a court of law. Check your state's laws to ensure that your recording can be legally used in your defence. Recordings can also be used to create detailed written notes of any communication with case workers or CPS representatives.

While the law is designed to try to protect parents from unscrupulous, unethical or biased judgement many of the decisions made by CPS case workers is subjective. This means that personal bias can and often does leak into the process. Your best defence is to stay in constant contact with your lawyer about any new information about your case and finding out all you can about state laws and your parental rights.

With thanks to...

" FightCPS; CPS Problems? Here are 7 Ways to Fight CPS; November 2010"

Out of Control: Who's Watching Our Child Protection Agencies?; Brenda Scott; 1994

"Reporters Committee for Freedom of the Press; A Practical Guide to Taping Phone Calls...; Fall 2008"