Understanding Legal Rights When Children Are Removed By Child Protective Services
It is not uncommon for parents to feel that they have no right to their own children when these children are removed by child protective services (CPS). While the reasons for such removals can vary, it is important to understand the legal procedures involved to ensure appropriate actions are taken.
When Are Removals Conducted By CPS?
Child Protective Services (CPS) removals are conducted when a child is at an imminent risk of life-altering injury or death. These are highly emotional situations for families, and it is crucial to recognize the strict protocols and legal processes that accompany such actions.
Legal Protocols Involved in Child Removal
Child Protective Services cannot remove a child without a court order. When there is a determination to remove a child, the states' attorney, who represents the local branch of the state's Department of Human Services, is involved. The attorney gathers all supporting evidence and presents it to a judge. The judge reviews this evidence and, if it deems it sufficient, issues a removal order.
Understanding the Removal Process
Upon a removal, parents will receive paperwork detailing the reasons for the removal and the conditions required to reunite with their children. Meeting these conditions is a critical step in reuniting with your child, provided the removal was wrongful. However, simply claiming the removal was wrong is not enough; parents must provide proof and evidence to support their case.
Seeking Legal Assistance
Parents who believe a removal was wrongful often require legal assistance. Hiring a family law attorney or finding one who works pro bono is highly recommended. In some areas, there are walk-in legal centers that can provide preliminary reviews of paperwork.
Review and Advocacy
During the removal process, parents have the option of signing the order or refusing to sign. If a parent refuses to sign, a removal hearing must be scheduled within three days. At this hearing, the parent (often represented by an attorney) can challenge the removal order. If the judge agrees that the evidence is insufficient, the case may be dismissed, and a new order will be issued to return the children. However, Human Services may still request removal at a later time if new and more substantial evidence becomes available.
Conclusion
While the removal of a child by Child Protective Services is a complex legal process, understanding the procedures and seeking appropriate legal assistance can help uphold parental rights and ensure the well-being of both the child and the family.