How to get a CPS Case Dismissed: Best Tips for the Lawyers?

CPS stands for child protective service. This state’s department is responsible for all cases related to a child for example; investigation, neglect, any type of abuse including sexual, intervention, and assessment. 

The CPS department works under federal laws that further function in accordance to Michigan age of consent. Though it works as per the legal laws. In the United States, every state has different names for CPS like department for family services or department for social services.

CPS Case Initiatives

The department of CPS takes case initiatives in following steps right after receiving a report of child abuse.

• CPS calculates and observes the seriousness of the child alleged case
• Takes every single detail of a child’s situation which includes the child’s nature, home, injuries, and other children from a similar home.
• If the case reports any physical injury or sexual abuse initially it directly goes to the police

Wondering how to get a CPS case dismissed? Before taking any action regarding the child’s case. CPS will investigate the allegations properly. For instance, if the case was reported before and is already investigated has no further progress to make. Moreover, if the case explains no abuse or especially neglect the complaint will face rejection and the case will be dismissed to initiate.

Although, if CPS finds the case considerable which contains enough reasonable evidence to be accepted. In the following time, the case began.

• If it is urgent then it will take 24-48 hours to proceed
• If it is not immediate it will take 30-90 days to proceed 

Expected Scenarios for Parents

Following are some expected scenarios for parents or a guardian of a child from which they must aware.

• HIDDEN IDENTITY
  The identification of a reporter remains confidential. The name of a person who reports the case will stay protected
• ZERO CONSENT
  The child may have an interview without the parent’s permission. It cannot be alleged as abuse. Officers of CPS have the authority to take such actions under the law’s consent. It helps to collect the information for the investigation. 
• PARENT’S/GUARDIAN’S COOPERATION
  Investigation from CPS workers does not mean that they will take a child away from home. They will conduct some interventions like parental classes, some drug tests, etc. If guardians or parents do not cooperate with the service sector it will get worse. 
• LACK OF COMMUNICATION
  Besides, the plaintiff’s innocence is considerable. But the way of communication with investigators matters a lot. Even, your initial attorney will ask to behave with officers and stay truthful, careful, and clear with them. One stupid move can turn the case against you in court.

Duration of CPS Case Existence

Children protective services cases can take years also to be solved. But generally, it depends on the levels of seriousness of the case. Mostly, neglect cases end up fast than others. 

How to get a CPS Case Dismissed through Fine Tips for Lawyers?

Following are the five fine tips for case closure:

1. Try to close the case quickly before it goes to court: Most of the CPS cases report neglect. It shows the child’s needs are not being provided by the parents or guardians. In general, a neglect case involves no food, no shelter, no health care, and no education. In some states, cases include the parent’s failure of sending a child to school and not being able to fulfill other special needs. These neglect cases close quickly instead of taking it to the courts.

2. Make settlements: Abuse and neglect cases can be settled down. Creating a conference can help to close the case before any trials, which includes you, your client, case investigators, or any other related person. 

3. Self-investigation: Your client possibly shares all the necessary information with you. But your thorough investigation may close the case before the possible time. You must check the following details on your own

medical records 

• psychological evaluation 

• school records 

• employment records

• research papers

You may find some relevant reason to dismiss the case quickly. However, if the case goes to court, the judge can also dismiss the case if any probable cause appears before the trial.

4. Stay connected with changes in federal and state laws: In different states of the US, the federal and state laws vary. So, keep yourself posted on the laws before taking any action in the case. If the allegations do not match with the constitutes of neglect, the court itself dismissed the case on state’s grounds.

5. Contact your client daily: Regular communication with your initial client is really necessary. Contact your client as soon as possible. Inform your client of the all-important rights of the case. Despite knowing your client’s hearing schedule, and case preparation keep you in touch with your client’s living conditions. Some relevant information regarding the situations may help you boost the case. Changes in conditions of the client or a child’s life can help you dismiss the case quickly.