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 Law Offices at (952) 913-1421 to schedule a free consultation with one of our Minneapolis criminal defense lawyers.