Get PDF Fighting CPS Guilty Until Proven Innocent of Child Protective Services Charges

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We live in a society that discounts the importance of natural parents and thinks they're replaceable, especially if they're poor. One of the main problems I've had in managing this website in recent years can be described in one word: spammers. Hi everyone I'm going to review all the articles and comments on this site during the next month.

It is time to revise the site to make sure everything here is still valid and appropriate. Your suggestions are welcome. The Sacramento social services department is tracking license plates now - and who knows where else this is being done? It has been going on since , according to an article in the Sacramento Bee.

Thursday, May 26, 2005

Is a CPS caseworker pressuring you to divorce your spouse? Child protective service matters can be another great source of discovery and information. Ask for copies of these or subpoena records to court. Get copies of medical records or hospital reports documenting possible abuse. When your client is accused of criminal wrongdoing.

It is increasingly common for a party in civil divorce matters to make allegations that the other party has committed a crime of some type, whether domestic violence, child physical abuse, or child sexual abuse. If your client is accused of child physical or sexual abuse, put the domestic case on hold.

When the Child Protective Services System Gets Child Removal Wrong

These types of allegations are very serious, and a conviction will permanently affect your client. The number-one rule: Do not allow your client to speak with anyone regarding any allegations until you do your research. And, yes, these instructions apply to the innocent client as well as the guilty.

It is important to determine what possible charges your client could face if allegations were to be proved. Go straight to the code. Depending on the age of the child, simple neglectful or reckless acts might constitute the most serious of felonies.

FIGHT CPS: Family Court - NOT Innocent until proven guilty

When reviewing criminal law, another good resource is the state or federal pattern jury instructions. These instructions boil down complicated statutes into simple, direct outlines of what constitutes a crime. When advising your client not to speak directly with the police or investigators, remember these points. The law allows a citizen to exercise the Fifth Amendment right to remain silent if one of the possible answers to a question would implicate the citizen in a crime.


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The right to remain silent does not require a person to be guilty of the crime. Always ask as many people as possible about facts surrounding the accusations. Review CPS protocols and regulations. If CPS has skipped steps or not utilized all alternative options as required, point this out to the court. Contact the CPS supervisor and report any lack of due diligence or failure to follow procedure by case managers. Use these failures to discredit the department and caseworker and to show that the department has published these standards to ensure that proper actions are taken to protect both children and their families.

Criminal charges and child custody. Among the biggest impact a criminal case may have on a domestic matter is that the civil case is not stayed.

Mother wins court battle against CPS but it cost her and taxpayers thousands

Even though your client may exercise the right to remain silent in the criminal court, exercising Fifth Amendment rights in family court will be taken as an adverse admission and have a negative impact. Most states use similar fundamental factors to determine child custody. In addition, courts will consider as a factor in custody determinations the likelihood that a parent will be sentenced to prison in a pending criminal case. When preparing for custody hearings involving a parent facing criminal charges or convictions, consider the following factors.

A parent facing criminal charges or conviction may have a more difficult time providing a stable home environment or a comfortable means of support for a child.

Employers and landlords often ask about prior convictions. Many states consider the moral fitness of a parent when deciding custody. A serious or recent conviction will likely disadvantage your client. When allegations of criminal wrongdoing surface in a divorce case, early action may save your client unnecessary time, expense, embarrassment, and possibly even a serious and life-changing criminal conviction and a negative outcome in the custody case.

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