Attorneys and Child Protective Services
Obtaining an Attorney When the State is Involved with your Child
Many times Child Protective Services will start an action against a custodial parent for alleged harm or abuse to a child and, as a result of applicable laws, the other parent will have to be named a party to the action. Sometimes these actions are started without any cause at all.
While such protective actions serve an important role in our society, it would be foolish to think every action is actually a legitimate case. The case workers for these agencies are only human and they do make mistakes.
Protecting a Parent's Rights
In such an action there are certain entitlements and rights afforded to parents involved in the case. For instance, state law requires that any time a state agency becomes involved in the relationship between a parent and a child, the parent has the right to either an agency or court review of the action.
For instance, if a protective action case is started and remains at the agency level – that is to say a law suit is not filed seeking court involvement – the parent or parents are generally entitled to a protective services administrative review. Such protective services administrative review is held by a review board within the agency and must be requested by the parent. Notice will be given to the parent of this option, but it is usually in the fine print and is not addressed in detail. If you feel you have been treated unfairly, request this review.
Court Review of Child Protective Actions
Some child protective service actions ultimately require court involvement. This requires the filing of a child protective services lawsuit, which is generally done by the legal department of the child protective services agency. If you are involved in such a lawsuit you have rights, but these rights are usually disclosed in written form and are delivered as part of a document that includes a vast amount of other information. These rights can often be difficult for a layman to understand.
In addition to this there are certain hearings that parents are entitled to, but which happen on a very stringent schedule. It can often be difficult to have these hearings rescheduled.
Child Protective Services agencies are generally guaranteed certain docket time in court and on their court days they move their dockets like a machine. They have a very large case load and there is little time for individualized attention. This can create a very dangerous environment for a party that has been unfairly swept up in the system or even the parent that wants to take responsibility for a mistake or right a wrong.
Court Appointed Legal Counsel
Every state has some arrangement for either court appointed legal counsel or sliding-scale legal representation. Court appointed legal counsel is a concept where attorneys either take a case, pro bono, or without a fee. Sliding scale representation allows for low cost legal representation. This allows parties in these child protective services actions to have access to an attorney to guide them through the process and to make sure that their rights are protected.
Making the Best Use of Your Court Appointed Attorney
Understand that your court appointed attorney is not guaranteed to be an expert in child protective services actions; however, he will be a licensed attorney. Make sure to meet with him and give him a background in your case. Listen to his guidance and do not make decisions or speak to case workers without talking to him. The best way to ensure your case ends in the best possible fashion is to make sure to request and make good use of your legal counsel.
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