If so, it is critical that you speak with an experienced lawyer right away. Simply put, the Commonwealth of Kentucky is not on your side—and swift legal action is needed to help prevent removal of your children. Krsna Tibbs is a seasoned attorney who is passionate about helping individuals uphold their rights, and families stay together.
He has successfully defended countless clients against child abuse charges and is prepared to intervene on your behalf in such matters. Learn more about Attorney Tibbs and his services today. Please read reviews about how he has helped other clients facing similar stories of wrongful removal by CPS. He knows that CPS cases often begin in family court with dependency, neglect, and abuse DNA charges, and may lead to criminal charges of various kinds.
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If you have an order taken out against you, you must understand the restrictions and consequences. You may not be allowed to see your children.
Violation of protective orders is considered contempt of court. You will likely be arrested and may be sentenced to jail time. Call Krsna Tibbs, a top child abuse attorney in Louisville, to start protecting yourself and your family.
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There must be a shelter care hearing within 72 hours not counting weekends and holidays of: CPS removing the children from your home pursuant to a court order; or Law enforcement placing the children into protective custody; or A hospital hold; or Within 72 hours of CPS filing a dependency petition, if the children are not removed from your home.
If the children are to stay out of your home, the judge will ask CPS what it has done to try to place the children with a relative or family friend. The judge cannot order you to take exams, be evaluated, or use services unless you agree. But the court can remove your children if you do not agree. There is a 2nd hearing 30 days after the hour hearing.
The judge checks to see if the situation has changed. CPS cannot place your children in shelter care for more than 30 days without a court order. There may be a case conference after the day hearing. CPS must offer you a case conference unless one of these is true: You do not want one. You did not go to the hour hearing.
You talk about the service plan if or how you can settle the case anything else that would help the case move in a positive direction Maybe. Trial dates often are delayed.
CPS and parents agree to settle most dependencies. If you settle, there is no trial. If you do go to trial, you and CPS can give testimony and evidence. There may be more hearings after the trial, before the judge makes a ruling. In the dispositional order, the judge usually lets you visit the children regularly, unless visits are harming the child.
The judge might order supervised visits. Relatives or friends may supervise, or visits may be supervised by a professional.
The judge cannot limit your visits to punish you for not following court orders or using services. What is a First Dependency Review Hearing? The court must review your case within 90 days after the dispositional order or 6 months after CPS or the court removed the children from the home, whichever is sooner. At this hearing, the judge decides if you and CPS have made progress towards completing the dispositional plan.
The judge will return the children to you only if the reason the children were removed no longer exists. The court reviews it at every review hearing, until a permanency plan goal is achieved or the dependency is dismissed. What does a permanency plan say? It could list 1 or 2 of these 5 goals or outcomes of the case: Return home—All the issues that brought about the dependency case are addressed. The children go back to you.
The judge ends dismisses the case. Guardianship—The court places the children long-term with a guardian. This can be a relative, foster parent, family friend, or anyone the court agrees is appropriate.
The court does not end terminate your rights. When the court enters a guardianship order, it dismisses the dependency. CPS stops providing services.
Long-term relative or foster care—This is usually for the child who is near 16 or 17 and needs to live outside your home with a relative or in foster care. The court does not dismiss the dependency. This can also happen when the child has serious disabilities and needs long-term medical or therapeutic care outside the home.
Adoption—In serious cases, the judge may terminate your rights to the children. This frees the children for adoption. Independent Living—The judge can emancipate the child. The child no longer has to live with you or a guardian. Read Emancipation of Minors in Washington State.
CPS social workers recognize that some claims can be explained through cultural, religious, or economic differences. CPS may also demand that parents follow a plan of care and action. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you. Parents may question the legality of this, however, it prevents kids from being coerced into saying something false to protect abusers. Kids can be threatened or worse by abusive parents that may about CPS investigation.
CPS social workers are trained to understand the complexities of any family dynamic. If parents are worried about their children saying something that may incriminate them, remember that CPS social workers must look beyond just the surface-level.
If your social worker does use something out of context, call a lawyer to know your legal options. CPS can show up to your home without notice Unannounced visits are very common in cases with extreme or violent allegations. Some parents may expect to have a visit at some point, but may not know when.
CPS can ask you nosy and invasive questions CPS might ask you questions that seem irrelevant to your case. These questions are not accusations. During the investigation, CPS will want to cover everything.
If you do not speak English, you have the right to an interpreter. Caregivers have the right to talk to their caseworker candidly about the ongoing investigation.
However, parents and caregivers should remember that these exchanges are not confidential and can be used in court. Consult with a lawyer before you have an interview with your social worker, so you know exactly what to say. Parents should also remember that they do not have to answer every question. CPS can take your child away and terminate your rights as a parent If the social worker does deem your household or a member of the family to be a direct threat to a child, they can take your children away.
If you believe that you may be housing unsafe conditions for your child, speak to a lawyer so see what options you have. Parents are humans and make mistakes like using drugs or being with an abusive partner. While parents are turning their lives around, they should seek to find safer conditions for their kids.
A poor CPS visit can greatly impact your future, even if your life does turn around. If you need to find a better solution for your kids, call a lawyer and come up with a plan before informing CPS. Reading this list may put a lot of parents and caregivers in distress. Email Zip I have come to the conclusion: that poor parents very often are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system. Being poor does not mean you are not a good parent or that you do not love your child, or that your child should be removed and placed with strangers; that all parents are capable of making mistakes and that making a mistake does not mean your children are to be removed from the home.
They withhold and destroy evidence. They fabricate evidence and they seek to terminate parental rights unnecessarily. Look who is being paid! There are state employees, lawyers, court investigators, guardian ad litems, court personnel, and judges.
There are psychologists, and psychiatrists, counselors, caseworkers, therapists, foster parents, adoptive parents, and on and on. All are looking to the children in state custody to provide job security. They must have merchandise children that sells and you must have plenty so the buyer can choose. Employees work to keep the federal dollars flowing; State Departments of Poor family matrimony kerala Resources DHR and affiliates are given a baseline number of expected adoptions based on population.
But that is only the beginning figure in the formula in which each bonus is multiplied by the percentage that the State has managed to exceed its baseline adoption number. Therefore States and local communities work hard to reach their goals for increased numbers of adoptions for children in foster care. The funding continues as long as the child is out of the home.
When a child is placed in a mental health facility and is on 16 drugs per day, like two children of a constituent of mine, more funds are involved and so is Medicaid; As you can see this program is ordered from the very top and run by Health and Human Resources. This is why victims of CPS get no help from their legislators.
It explains why my bill, SB suffered such defeat in the Judicial Committee, why I was cut off at every juncture. Legislators and Governors must remember who funds their paychecks. No one, because they are all in the system together and a system with no leader and no clear policies will always fail the children.
What CPS Can And Cannot Legally Do During Investigations
However, it is too long, too confusing, poorly written and does not take the law into consideration; that if the lives of children were improved by removing them from their homes, there might be a greater need for protective services, but today children are not safer.
Children, of whom I am aware, have been raped and impregnated in foster care; It is a known fact that children are in much more danger in foster care than they are in their own home even though home may not be perfect; that some parents are even told if they want to see their children or grandchildren, they must divorce their spouse.
Many, who are under privileged, feeling they have no option, will divorce and then just continue to live together. This is an anti-family policy, but parents will do anything to get their children home with them. However, when the parents cooperate with Child Protective Services, their behavior is interpreted as guilt when nothing could be further from the truth; Fathers, non-custodial parents I must add, are oftentimes treated as criminals without access to visit or even see their own children and have child support payments strangling the very life out of them; that the Foster Parents Bill of Rights does not stress that a foster parent is there temporarily to care for a child until the child can be returned home.
Many foster parents today use the Foster Parent Bill of Rights as a means to hire a lawyer and seek to adopt the child placed in their care from the real parents, who are desperately trying to get their child home and out of the system.
Recently in Atlanta, a young couple learning to be new parents and loving it, were told that because of an anonymous complaint, their daughter would be taken into custody by the State DFCS. The couple was devastated and then was required by DFCS to take parenting classes, alcohol counseling and psychological evaluations if they wanted to get their child back. All of the courses cost money for which most parents are required to pay. While in their anxiety and turmoil to get their child home, the baby was left for hours in a car to die in the heat in her car seat by a foster parent who forgot about the child.
This should never have happened. It is tragic. In many cases after the parents have jumped through all the hoops, they still do not get their child.
CPS claims relatives are contacted, but there are many many cases that prove differently. Grandparents who lose their grandchildren to strangers have lost their own flesh and blood. Think what that number is today ten years later! Activate immediate change. Every day that passes means more families and children are subject to being held hostage and their lives destroyed.
Abolish the Federal and State financial incentives that have turned Child Protective Services into a business that separate families for money. Grant to parents their rights verbally and in writing. Mandate a search for family members to be given the opportunity to adopt their own relatives if children need to be removed permanently.
Mandate a jury trial where every piece of evidence is presented before permanently removing a child from his or her parents. Open family court. Remove the secrecy. Allow the press and family members access. Require a warrant or a positive emergency circumstance before removing children from their parents.
Judge Arthur G. If a parent alleges fraud, hold a hearing with the right to discovery of all evidence made available to parents.