Record the investigator’s information, what is being requested, and any stated timeframe. Preserve messages and documents, avoid guessing about facts, and identify whether police, a custody case, or a court order is also involved.  The nature of the allegation can impact what is or isn’t advisable. Nevertheless, it is almost always the best choice to tell them that you are going to reach out to your attorney and they will contact CPS. Be polite and get the Investigators card. If the investigator is already there to do a removal and has court paperwork, don’t make matters worse for yourself. Don’t resist or say much other than to reassure your children everything is fine and you’ll see them very soon.  Stay calm and say little to nothing else in that situation.  Regardless of the investigation type, you don’t have to speak with CPS, you don’t have to agree to let them in your home, you don’t have to agree to let them talk with your children.  You should contact an experienced CPS lawyer as soon as possible following contact with CPS.    

No. Some matters remain investigative or service-related; others involve a filed court case and enforceable orders. Ask for the case number and obtain every petition, notice, and order if litigation has begun.

Do not assume every document has the same legal status or consequence. Read the proposed terms, participants, restrictions, duration, and review process, and seek case-specific advice before agreeing when possible.

Best option is to talk with a CPS Defense Lawyer first.  The response depends on the nature of the allegation, risk of removal, the maturity and mental health of the child, the setting, authority, existing orders, allegation, safety concerns, and any parallel investigation. Document the request and obtain advice based on the actual circumstances rather than a general internet rule.

There will be a hearing conducted within 14 days.  Obtain the petition, affidavit, removal order, hearing information,  visitation terms, and appointed-counsel information if applicable. Court events can move quickly, so organize the record promptly.  This is a crucial hearing. It is the best chance you have at getting the case to end quickly.  Some attorneys advise their clients routinely to agree to the removal and to start just working services however this isn’t always the best advice.

Yes.  Relatives and kin may be relevant, but placement decisions are fact-specific and may involve background, safety, relationship, home, and court considerations. Provide accurate relative information early if placement is being discussed.  Be aware, CPS may not approve of your preferred relative placement. They may claim they aren’t approved, but it is important to understand that is based on CPS arbitrary rules and does not mean that a judge wouldn’t approve them. Sometimes a relavative should seek to intervene in the case in order to push their position forward and challenge CPS.  Ridgely Davis regularly represents relatives fighting to get custody of children out of foster care due to a CPS removal.  

CPS records, findings, safety concerns, statements, and placement events may be raised in family court. The standards and proceedings are not identical, so strategy should account for both records. CPS investigators are regularly used as strategy and leverage in custody suits and are frequently called to testify.

This becomes a very delicate situation. Ridgely Davis regularly handles serious criminal offenses involving injury to a child, assault causing serious bodily injury/strangulation claims, and sex crimes charges.  Avoid treating the matters independently. Statements, releases, interviews, testing, discovery, and hearing testimony may affect criminal exposure. CPS is often a tool used by law enforcement to garner statements and evidence that is not typically available in a normal criminal proceeding.  Best bet here is to realize, you aren’t talking your way out of this on your own.  when people try to do that, more often than not, their words are chosen poorly and are often twisted and the case escalates where it otherwise could have been resolved without arrests or court proceedings. 

Some findings may have an administrative-review path. The notice, finding category, record, eligibility, and deadline matter. Keep the letter and seek prompt review rather than assuming a court deadline applies.  After an investigation, you will get a letter in the mail.  If it makes a finding of “Reason to Believe” against you for a form of abuse, you may wish to consider appealing it before it’s too late.  You will have 45 days from the date of the letter to make a request. It is strongly advised that you have an attorney represent you in this. Much like in a criminal proceeding, when you represent yourself, you focus on the wrong facts, or think the story makes mores sense that it does to a 3rd person. You will benefit from a seasoned litigator used to talking and relaying the arguments to to advocate for their client. We have countless times received calls from parents seeking to challenge a Reason to Believe finding after they have lost their job due to a background check only to have to explain that they waived their opportunity to appeal it or that they attempted to represent themselves and it didn’t go well.  Many of those cases are often very winnable but due to missing the deadline or not making compelling arguments, the finding stays on their record and can jeapordize career and child related opportunities.  

No. It starts screening only. Representation begins after conflicts and scope are reviewed, the firm accepts the matter, and a written engagement agreement is signed.