You need to cooperate. If you don’t cooperate, CPS will infer that you are attempting to hide something. Try to get some information from CPS about what they wish to discuss with you. Chances are, you probably know why they want to talk to you. Call our office to discuss how we can help you navigate this issue. Attorney Chavez has been working with CPS cases for over 9 years and is highly experienced in the field.
Find out as much as you can about why the children were taken into foster care. Ask questions, but volunteer little information at this point. Be helpful. Tell the CPS worker what your children like and don’t like, and inform her/him of any medications your children might be taking or other special needs they might have. Ask for a visit with your children. Typically, you will get a one hour visit once a month but this can be negotiated depending on your children’s age. Do not threaten the CPS worker and try not to show too much anger. If the CPS worker feels threatened by you or senses that you are “unstable” it will only hurt your chances of getting your children home. Suggest relatives who would be willing to have temporary possession of your children. Try to make arrangements to get your children some of their toys, clothing, and other possessions that will make them feel more secure while in foster care.
Time is critical. You are going to have a Court hearing within 14 days of the date your children were removed from your possession. At the hearing, the Court will determine whether there is a continuing danger to your children in your home. CPS will have their investigators, witnesses, doctors and police officers ready to testify. Who will testify on your behalf? Who will present your case to the Court? Do you know how to cross-examine a witness or how to object to improper testimony? You need legal representation. If you lack time to hire an attorney, ask the Judge for an additional two weeks to hire one. If you cannot afford an attorney, the Court must appoint one for you. Your children will have to stay in foster care, but many times it is better to wait an additional two weeks and be truly prepared for court rather than rushing in unprepared. Several things can happen at the initial or “14 day hearing.” Your children can be returned to your care (this rarely happens); CPS can take steps to determine whether a relative would be able to care for the children, or your children can continue in foster care for a period of at least 60 days. A CPS case can be won or lost at this point. Without aggressive representation at the 14 day hearing, there is a very real chance that your children will spend months in foster care – – possibly without justification. Call us, we can help.
It depends. You have a year to prove yourself to CPS. You need to form a success strategy with your lawyer. This will include taking steps to improve your life and then showing CPS what you have done. You will have to persuade the children’s lawyer that the children belong with you. You have to make sure that CPS is doing what they are supposed to, but you also have to make sure you work your family plan of service. You can’t miss any visits and you have to be appropriate with your children at the visits. You have to INSPIRE CONFIDENCE in the people who are evaluating you as a parent. As a last resort, you may have to prepare for trial — this is both an expensive and uncertain endeavor.
The Service Plan consists of a list of things for you to do in order to have any hope of getting your children home. But, understand that the Service Plan is not a contract and CPS doesn’t have to return your children just because you completed your service plan. Typically, you will be asked to take a psychological evaluation, do counseling and parenting classes. You may also be asked to take random drug tests, participate in anger management, or domestic violence counseling.
