From what a parent can see, most CPS cases start something like this: there’s an unexpected knock on the door one evening. A strange man or woman flashes a badge and says that someone told the government your children might not be safe and they’re here to check it out. They seem very nice at first. If you’re uncooperative, out come the threats; if you are cooperative and tell them your life story, you leave it entirely up to them how to interpret your life and your parenting. There’s no attorney present. Then, if a petition is filed in court, good look finding an attorney to take your case before the initial hearing- assuming you can afford a private attorney, many attorneys (especially smaller firms) do not have the resources to be ready so quickly. That means that, at least for the initial hearing, it’s up to a court-appointed attorney with 80 other cases on his or her plate.
From the moment CPS shows up at your door, you’re playing catch-up. CPS knows the allegations, what the report says, who made the report (most of the time) and what actions they may or may not take based on what they find. By the time an attorney is likely to get involved, he or she is already playing even more catch-up than you and likely relying on you for the most up-to-date information. This is what we call a reactive defense and it means CPS remains in control. It is very difficult to overcome a deficit like this and ultimately leads to longer separations and even terminations of parental rights that didn’t have to be.
At CPSprotect Consulting Services™, many parents have confided in hindsight that they thought their attorney would get them the best outcome available to them, yet somehow, their battle against CPS has only gotten worse for them. Why? Because like these parents, their attorneys were also using a reactive defense strategy. Such a strategy leaves you at the mercy of CPS and is much more likely to fail. So if a reactive defense strategy is likely to fail, how can you be successful?
The answer is a proactive defense strategy and at CPSprotect Consulting Services™, we’ve developed our own unique proactive CPS defense system for parents and attorneys alike augmented by both the expertise of our team of child welfare consultants (all experienced former CPS investigators) and augmented by A.I. as part of UrgentAssist™ and LegalAssist™- which you can either use yourself or use UrgentAssist™ for parents and LegalAssist™ for legal professionals. These are the steps:
1. Examine your CPS Exposure Footprint and minimize it. It starts before there’s even a thought that CPS could show up at your door. The best outcome is to never have a CPS case to begin with, so if you put in the work to minimize your risk to begin with, you’ll be a lot better off. You may never be able to measure the financial, physical, mental and time costs you save by doing this, but all you have to do is look at other families who didn’t do the same and got screwed to get a look at what could’ve been. We recommend having a subscription with us starting at this step, where we can assist you from the beginning (UrgentAssist™ if you’re a parent or LegalAssist™ if you’re a legal professional).
2. Prepare for the possibility of CPS involvement against your family. Learn exactly what CPS looks for and take steps to address any vulnerabilities you may have. Talk to your children about CPS and foster care within the context of the stranger danger talk. Find at least three friends, colleagues and/or relatives who do not have an emotionally vested interest in the outcome of a CPS case against your family (prior or current experience working in CPS, foster care and/or prevention services preferred). No one exists in an emotional vacuum and the fear associated with CPS involvement makes it more likely you’ll make choices in the moment that end up working against you. Take into account everything CPS may already know or is likely to know if or when they get involved.
3. If CPS gets involved, follow our free guide at the initial visit (applicable in most cases in all 50 states and Washington, D.C.). Make sure one of those friends, colleagues, and/or relatives you recruited in step 2 are also present if possible. Put into action the plan you’ve made in steps one and two.
4. Maintain control of the information your family provides. Address the allegations directly (even if you disagree with them by putting your own services, relocation, order of protection or whatever else may be necessary to address the safety concerns as CPS sees it before they have the opportunity to do so. If you have legal counsel, ensure all correspondence with CPS goes through legal counsel. Avoid additional questions where possible. For all visits, have one of our child welfare consultants present via UrgentAssist™ Call or UrgentAssist™ Video if you are an UrgentAssist subscriber. If you’re an attorney and you’re involved, make sure you have LegalAssist™ to augment your strategy and schedule LegalAssist™ Calls and LegalAssist™ Video meetings regularly to ensure your client remains on the right track.
5. If CPS files a petition of any kind in court (dependency, CHINS (Child in Need of Supervision), CINA (Child in Need of Assistance), other child custody, etc.), ensure you either have legal counsel or are prepared to represent yourself as a pro se litigant. It also helps to maintain an UrgentAssist subscription through this time. Any argument used needs to actively refute the allegation(s) at the evidentiary standard used- an alternative plausible explanation on its own is not enough. CPS isn’t doesn’t care about evidence the allegations are false- they’re only looking for evidence the allegations are true. All that matters is whether CPS and/or the court determine sufficient evidence supporting the allegations as true to the evidentiary standard used is found. Make sure your attorney is a LegalAssist™ subscriber, as well- after all, you want the best team you can get to work for your interests. When both the parent and the attorney are subscribers, they can join each other’s meetings when requested by the one that scheduled, allowing for seamless defense coordination for the entire team.
6. Make sure the right motions for your case are filed timely and often. You don’t need to wait for a hearing to file them or have them ruled on- this is where an attorney can be extremely helpful. This is also important to ensure you get your side of the story in front of the judge, so he or she doesn’t just have what CPS says to go by. Remember, if it’s not in the court case record, it doesn’t count.
7. Preempt CPS on addressing the concerns and any additional concerns that may arise. Even if you think the allegations are ridiculous, get your own services in place to directly address them; if you don’t, CPS will eventually seek a court order for services they choose and the more you get tied up in their web, the more difficult it will be to dig you out. If you give their legal counsel an inch, they will take a mile- including introducing additional safety concerns not part of the initial petition.
8. Get as much of your communications in writing as possible. Make extensive use of text messages and e-mail throughout the case. Where you can’t get it in writing, make use of audio and/or video recording. In your home and in public, a CPS investigator, foster care case manager or prevention services provider does not have a reasonable expectation of privacy when operating in their official capacity (as a government employee or contractor). This means you can record them. However, this may not extend to their own offices or a hospital room paid for by Medicare or Medicaid, so keep that in mind.
9. Make use of course/class completion certificates, written testimony or character references by service providers, colleagues and relatives to demonstrate addressing the allegations.
10. Make sure to request the case notes (CPS’ documentation) both directly from them and through your legal counsel (if applicable). This is crucial when looking for technicalities to either get your name expunged from the central registry if CPS determines you maltreated your child and to provide to your attorney to use in court.
Remember that even if you are adjudicated as negligent, it does not mean you can’t get your children back or appeal. Your case is a race against time and maintaining the upper hand using a proactive defense strategy is crucial. Maintaining multiple contingency plans for every decision that could be made in the case is crucial, because if you’re not ready for something you don’t expect, CPS could quickly gain the upper hand and it could be the difference between reunification and having your parental rights terminated. If the goal to minimize the duration and intrusion of CPS involvement as much as possible our Proactive CPS Defense System is the way to go.
If you’re a parent, subscribe to UrgentAssist™ here to ensure you’re protected with our expertise and A.I. The difference it makes really matters when it’s your family at stake. If you’re a paralegal or attorney, subscribe to LegalAssist™ here for more clients, better outcomes and a more profitable practice. To offer UrgentAssist™ in your law firm or independent paralegal practice and become a one stop shop for parental rights defense, contact us directly by phone toll-free at (844) 633-KIDS or e-mail at contact@heartworkdefense.com for more information on UrgentAssist™ White Label. The time saved and the reassurance of our expertise available 7 days a week (including holidays) will get you the best outcome available to you.