In July of 2014, the Atlantic published an article entitled When the State Takes Kids Away From Parents: Three Perspectives. The article features the story of a father whose family was subjected to a lengthy and invasive CPS investigation after a doctor at an urgent care clinic reported concerns of child neglect. As I read the this father’s account, I found myself wishing that he and his wife had hired an attorney to represent them. Under Georgia law (O.C.G.A. § 15-11-103) all parties to a dependency case have the right to an attorney, but that right does not attach until a case actually comes before the court. Parents who are being investigated by CPS are often unaware that they can and should hire an attorney to represent them. CPS has a duty to investigate all credible allegations of child abuse or neglect and the failure to perform that duty has resulted in some of the horrific stories we have seen in the news over the past few years. At the same time, parents have a duty to protect their children from unnecessary trauma and to protect their families from unreasonable invasions of privacy. There is an inherent lack of trust between parents and investigators that can lead to miscommunication, lack of cooperation, prolonged investigations, and sometimes to the unnecessary removal of children to foster care. An experienced child welfare attorney can:
• identify what information must be shared with CPS
• advise the parents about information they have the right to keep private
• protect the children and family from unnecessary stigmatization
• prevent the unnecessary removal of children from the home
• prevent an investigator from overstepping his or her authority
• neutralize threats made by overzealous or unethical investigators
• shorten the duration of a CPS investigation.
CPS investigations, even those where no abuse or neglect is found, can have serious consequences. Protect your rights. Call an attorney.
• identify what information must be shared with CPS
• advise the parents about information they have the right to keep private
• protect the children and family from unnecessary stigmatization
• prevent the unnecessary removal of children from the home
• prevent an investigator from overstepping his or her authority
• neutralize threats made by overzealous or unethical investigators
• shorten the duration of a CPS investigation.
CPS investigations, even those where no abuse or neglect is found, can have serious consequences. Protect your rights. Call an attorney.
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