If CPS starts an investigation, typically the first time you will learn of their investigation is when they come to your residence. But refusing entry to CPS will not end the investigation. The most common exams are physical, sexual abuse, or medical. Will the parents be arrested if they come back to GA one day? 10 Things You Should do if CPS or DCFS is Investigating You No matter how absurd or unbelievable the CPS/DCFS social worker’s claim(s) may seem, please understand that the social worker is dead serious, and most likely presumes – no… most likely BELIEVES that you are guilty as accused. Sometimes, instead of refusing to answer a question, it is better to be extremely vague An example of a vague answer: âI drink alcohol very infrequently.â If CPS asks you how often is âvery infrequentlyâ, you can answer: âLess than once a week.â. But scary as it may sound, you aren’t alone! We picked The Kronzek Firm to represent us in an old case, and through their hard work and dedication, the case was dismissed and we were able to keep our family together. , just in case the CPS worker “misplaces” their copy before the hearing. 405 RXR Plaza, Uniondale, NY 11556(By Appointment Only). It may be appealing to save a few bucks by taking them up on their offer of a free physical, but know that the doctor they will choose is one who will corroborate their story. You may presume, since you are innocent and you have nothing to hide that reasonable explanations will convince the CPS worker there is actually no problem. What happens when they falsely accuse someone and then refuse to see that they’ve made a mistake. The moment you know is investigating you, you need to start building a case to defend yourself. If you’re being investigated by CPS, you have rights and defenses available to you. Phone Number: Join us next time, for more information on what your rights are, and how to exercise them during any interaction with a CPS worker. Can I Spend Christmas With My Kids if CPS Took Them Away. If you live in Suffolk County or Nassau County and are the subject of a CPS investigation, you should contact an experienced attorney who specializes in Family Law and Matrimonial Law. And, if CPS appears on your recording to not be cooperating with you, then that may be used as evidence at any trial that may result from the investigation. 10 Things You Should do if CPS or DCFS is Investigating You When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. (Pt 2), Should Abused Children be Held Responsible For Their Actions When They Harm Others? If the investigator requests to see your child, then allow that to happen. Child protective services social workers will not tell your child that s/he has the right to say that. But scary as it may sound, you aren’t alone! Be careful because it is your children’s lives you are dealing with. If … You probably do not know for sure who made the report – it could have been a family member, a neighbor, a teacher, a doctor, a police officer, or even a stranger. What to Do If Child Protective Services Social Workers Are Investigating You (fightCPS.com) Here are some of my recommendations. Child abuse is a real concern! Have the doctor write a letter explaining that there are no bruises, cuts, burns, tender areas, health conditions, or anything else that could possibly indicate physical abuse or neglect. Why Would CPS Investigate Me? David P. Badanes, Esq. You could potentially face a DUI as well as child endangerment charges, making it difficult to return to normal life after your case has been wrapped up. CPS taking children away is a terrifying thought for any parent. If you want to learn more about what happens when CPS actually inspects your home or what kind of records CPS can request of your children, keep an eye out for the next article in this series. Sometimes, they try to arrange joint interviews with law enforcement. If you do not speak English, you have the right to an interpreter when interacting with CPS. We’ve also talked about how you should take the allegations very seriously, even if they’re wrong, and why you need an experienced CPS defense attorney on your side asap! Speak with relatives. When this happens, the court will review your case the next working day to determine if the removal was necessary and proper. April 9, 2010 - By Linda Martin - 155 Comments. If CPS recommends a doctor to you, or offers you a free physical assessment for your child, DO NOT TAKE IT! And remember, knowledge is power! Call The Kronzek Firm immediately at 866 766 5245 to discuss your case with an experienced CPS defense attorney who understands and can help. If you or a loved one have been accused of neglecting or abusing a child, then defending and protecting yourself and your family needs to be your primary objective. has represented numerous clients who received an incorrect CPS report. The Badanes Law Office can be reached at 631-239-1702, at david@dbnylaw.com. For example, if there is a domestic violence incident at your house or there is some kind of incident in your home and the police come. Do not expect CPS to make known to you the specifics of what is being investigated, but the worker will likely want to see your child and assess whether or not something is visibly wrong. They will often drop in unannounced at your home or workplace and demand to speak with you. Child abuse is a real concern! 4. CPS is notorious for twisting things to serve their purposes. Join us again next time to wrap up our list with the last two important items! So if you homeschool and comply with homeschool law, CPS can not investigate you … If CPS has shown up on your doorstep, and is claiming that you abused or neglected a child, you know they're already investigating you! Once you are informed you are under investigation seek an attorney that has expertise in CPS. The initial intention of CPS may be good, but it seems the power is abused afterwards. The social worker’s job is to find out whether the report of abuse or neglect is true or false. After the CPS investigation is completed, CPS will issue a report which will indicate either “indicated” or “unfounded”. (Pt 1), What Mandatory Reporters Really Want: Foster Care or Rehabilitative Services. You can simply refuse their request. CPS’ authority to investigate your family is found in Chapter 261 of the Texas Family Code. Now is the right time to hire an attorney, if CPS is investigating you. What to Do If Child Protective Services Social Workers Are Investigating You. If no one asked your names it would be hard for any report to be made. The Badanes Law Office has offices in Garden City and Northport. Doctors who work regularly with CPS are often called as expert witnesses at child abuse trials, to provide testimony AGAINST the parents, for which they receive a substantial sum of money! 842 Route 25A, Northport, NY 11768 so that they can’t change the meaning of your child’s words later on and use them against you! What happens when CFSA gets a report? Thank you very much for allowing me to provide you with information. What To Do If You Are Targeted by Law Enforcement For Investigation. So if a CPS worker is going to interview your child, insist that they record the entire interaction so that they can’t change the meaning of your child’s words later on and use them against you! Also, make sure all medicines are current, and there are no expired medicines. Case Description: (required) The prosecutor handling your case may try to bring child endangerment charges against you, along with drug crime charges, making it even more difficult to move on with your life after your case has been wrapped up. If CPS asks you to sign something, make sure you know what you are signing. If you have any questions or do not feel comfortable signing the form, you can tell CPS that you need to consult with your attorney. We’ve also talked about how you should take the allegations very seriously, even if they’re wrong, and why you need an, If you discover that CPS is investigating you on suspicions of child abuse, it’s critical that you immediately begin to create a paper trail that can corroborate your innocence. Please leave this field empty. This is where this list comes in. This is where this list comes in. If Child Protective Services (CPS) is investigating you, then you need to protect yourself by hiring a competent and experienced sex crimes defense attorney.Child Protective Services investigations move quickly and are required by the Michigan Child Protection Law to commence within 24 hours of receiving a complaint. David P. Badanes, Esq. Have the doctor write a letter explaining that there are no bruises, cuts, burns, tender areas, health conditions, or anything else that could possibly indicate physical abuse or neglect. Is a CPS worker knocking on your door? Terms of Service apply. This plan will most likely include psychological testing and counseling — that is a standard waste of taxpayer money. Read this list asap! If you are told that there is a warrant or a court order, ask to see the document, and read it. Almost everyone believes that if they could just explain themselves to the police that they could avoid being charged with a crime. Someone called CPS two cops and another woman came out one cop … CPS must ask for your consent if you are available in person at the time the examination is done – whether at home or at school. They aren’t required to follow the same laws during their investigations as law enforcement, and they can add your name to the state child abuser list without ever having convicted you of a crime. And CPS is very, very good finding out where people have moved to. No matter how absurd or unbelievable the CPS/DCFS social worker’s claim … But there are still a few key items you need to know about. If you are … Follow these rules and you'll have a better chance of surviving the case intact! Having the assistance of an attorney can be helpful for no other reason than because CPS typically treats people with attorneys with more respect. The Kronzek Firm only handles CPS cases in the state of Michigan. They aren’t required to follow the same laws during their investigations as law enforcement, and they can add your name to the. Dealing with CPS is scary, but you don’t have to do it alone! who understands and can help. Uniondale, NY 11556, experienced attorney who specializes in Family Law and Matrimonial Law. as all of us were playing the 6 month old was bobbing for her binky and hit her face on the toy. If CPS starts an investigation … Answer questions very carefully or not at all: CPS is allowed to ask you questions, such as âhow often do you drink alcohol?â, âdo you smoke cigarettes?â, and âhow long are your children left aloneâ. (and what not to do) when CPS is investigating you. However, there are instances where they do not investigate or the case is closed without investigation. CPS workers have less supervision than police officers, and far more freedoms. Remember, the investigator is going to presume you are guilty until you prove you’re innocent. There are a few ways you will find out if CPS is investigating you. As we’ve said before. Section 261.301 states in relevant part that “the department [CPS] shall make … In doing so they will have the knowledge to help you to fight tactics used … CPS investigations are extremely serious. Find an Attorney. What to Do If CPS Is Investigating You If you are a parent that has been accused of a drug crime, it’s important to contact a skilled attorney as soon as possible. In the meantime, be sure to follow any rules CPS has set forth, stay drug free, do not drink to excess, etc. If you or a loved one have been accused of neglecting or abusing a child, then defending and protecting yourself and your family needs to be your primary objective. The team of professionals involved in investigations can include a protective services worker, a doctor, therapist, social worker and law enforcement officials. (Part 5), Should Abused Children be Held Responsible For Their Actions When They Harm Others? CPS does not need to give you advance warning that they are coming. However, if you do receive advance warning of an investigation, here is what you should do: Clean your residence: Even if you are the neatest person in the world, you should clean and organize your residence to the ânthâ degree. With any CYS investigation, there is a risk that the authorities will attempt to … They have a long history of changing people’s words around to. How do you know if CPS is investigating you. If you discover that CPS is investigating you on suspicions of child abuse, it’s critical that you immediately begin to create a paper trail that can corroborate your innocence. Also. You do not have to speak with CPS before consulting with a lawyer. As we’ve said before, CPS workers take their job very seriously, which is a good thing. Many people, understandably, feel like they are powerless to do anything while CPS is investigating them and their family. 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