What You Need to Know about Child Protective Services Allegations

Not only are cases involving child protective services (CPS) emotionally challenging, but they are legally rather complex as well. While there are certainly cases in which CPS is necessary in order to protect a child, in some cases, families face false allegations and an unnecessary CPS investigation. In some cases, the child may even be removed from the home and placed in foster care, which can be particularly damaging to the child.

If you are the subject of a CPS investigation or false accusations of abuse or neglect, there are several things you need to know:

  • It is important to stay calm. Issues involving your children are certainly emotional and stressful, with emotions running high. But it is incredibly important that you remain calm and polite when dealing with CPS caseworkers and the court. While you should treat CPS caseworkers respectfully, you should not give them any information or respond to their questions without having a lawyer present.
  • Under the Fourth Amendment, you are protected from unreasonable searches and seizures. Not only does the Fourth Amendment apply to police officers, but it also applies to CPS officers and social workers as well. Although there are some exceptions, generally, in order for a CPS caseworker to search your home, he or she must have a search warrant signed by the judge that authorizes the caseworker to enter the home and search for specific evidence to support the allegations.
  • You can file for an administrative review hearing if you believe that your case was mishandled by CPS.
  • A CPS investigation may be launched if you are facing other charges. For instance, if you are facing drug charges or sex crime charges, CPS investigation may be opened even if you are not facing charges of child abuse or neglect.
  • You should make sure to keep detailed notes and records. You should take notes regarding all contact with CPS caseworkers, obtain medical records, and get the names of any supporting references.
  • You will need your own lawyer. CPS caseworkers may appear like they are looking out for you, but you need your own legal counsel. Minneapolis criminal defense lawyer Max Keller has the experience you need to defend you against the false accusations, protect your legal rights, help you deal with a CPS investigation, and work to get the matter resolved without your child removed from the home. As a former prosecutor, Minnesota criminal defense lawyer Max. A Keller has experience on both sides of the fence and has handled thousands of criminal cases throughout Minnesota, making him well equipped to handle the interplay between a CPS investigation and any other charges involved. He represents clients throughout Minneapolis and St. Paul who are facing a CPS investigation or have been charged with a criminal offense.

Contact Keller Criminal Defense Attorneys at (952) 913-1421 to schedule a free consultation with one of our Minneapolis criminal defense lawyers.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

What to Do If You Have Been Charged with a Criminal Offense

Getting falsely accused of domestic violence in Minnesota may put you at risk of losing your job, custody of your children, or even your home. You may face criminal charges and the accusation may damage your reputation in the community, as people will now view you as an abuser. False domestic violence accusations often happen when couples are in a contentious relationship with a risk of divorce.
The top reasons for license suspension in Minnesota include driving under the influence of alcohol, repeated traffic violations, and failure to appear in court or pay fines. Failure to pay child support, criminal convictions and felonies, medical conditions/disabilities, and drag racing can also lead to license suspension. The suspension takes away your driving privileges, preventing you from driving legally.
Motorists arrested for allegedly driving while impaired might wonder, “Can you refuse a breathalyzer?” In Minnesota, the implied consent law requires a person licensed to drive, control, or operate a vehicle to agree to a chemical test to check for alcohol or other intoxicants in that person’s body. Refusing to submit to a breathalyzer or another chemical test is a crime, often charged as a gross misdemeanor.