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.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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

Confidential informants may provide integral information to help build criminal investigations, but how reliable is that information when they are receiving payment for their services? To protect them, state law requires the identity of informants be kept confidential. For those facing criminal charges, however, this creates challenges in questioning the accuracy and validity of the information given at trial.
Stay calm and compose after getting accused of a crime but not charged in Minneapolis, MN. Do not discuss the facts of your case with anyone, including your relatives and family members. Hire a criminal defense attorney with a demonstrated record of winning cases like yours. Your attorney will discuss your rights, guide you on how to cooperate with law enforcement within the legal boundaries, and build a solid defense strategy to fight the charges you could face in the future.
Expungement and sealing of records in Minnesota affect how your criminal history appears to government agencies and the public. The main difference between the two legal actions is that expungement permanently removes past arrests, criminal charges, or convictions from private and public databases, while sealing hides the criminal record from the public. Courts, government entities, and law enforcement agencies can access sealed criminal records.