Can a judge dismiss a CPS case

Can a judge dismiss a CPS case?

The CPS and the court both have the power to dismiss the case. 

The CPS can dismiss the case if they think that there is longer the existence of danger for child protection.

On the other hand, the judge can dismiss the case if it is baseless with insufficient evidence.

It is the burden of an accused person to prove his innocence and dismiss the CPS charges leveled against him. Many parents fear the name “Child Protective Services” (CPS) only for the chance of losing their child for a long time. Getting the child back from the custody of the CPs is complicated.

When will the CPS go to court?

However, the procedure for dismissing a CPS case is variable across the various states. In general, we will try to visualize how you will get rid of this painful accusation and the involvement of the court.

The CPS does not move to the court for the first time. First and foremost, they make an investigation decision based on the evidence. They do not go to court if nothing is discovered during the investigations.

If they find something that tends to presume guilt, they will definitely move to the courts and file the case against you.

If the CPS feels that the child is in immediate danger, then besides filing the case, they will also file a petition to remove the child from you. The judge will make the decision about whether the child will be removed from you or not.

Courts involvement in a CPS case

Upon your objection to the decision, the judge can take the following steps:

Courts involvement in a CPS case

  • The court may order the parent to cooperate on the case plan with social services
  • The court may order the alleged abuser to leave the home
  • The court may order the child to be removed and placed with a foster family or another relative
  • The court may appoint a guardian
  • The court can make the order to the parent to pay child support
  • The court may dismiss the petition

(All of the procedure regarding the trial depends on the laws of the state)

What should you do?

You must appear in court in due time after the CPS files the suit on your behalf. To support your self-defense, you have to provide the necessary documentation or evidence that you are not guilty.

We recommend you consult with a prominent lawyer. A quick step may lead to a loss in the case.

The legal procedures include the adversary hearing, status hearing, initial permanency hearing, permanency hearing, trial, dismissal, or extension of the CPS case, etc. (This varies by state.)

If the case is based on insufficient evidence, the court may dismiss it. In that situation, the CPS is not authorized to conduct the investigation without your consent.

Sometimes, the accused may be the victim of an accusation that is made based on false information.

Conclusion

CPS is to complete an investigation within 45 days. If the investigation needs more time,  CPS has to inform the parents about its delay. The duration of closing the case depends on the situation and nature of the case. The alleged person is not bound to cooperate with the CPS, but for the sake of closing the case as soon as possible, you can cooperate with the CPS by providing documents, letting CPS into your home for inspection, and answering questions. It is better if you can satisfy the CPS before they go to court, proving that you are not guilty and your child is no longer at risk. Then, the court will not be involved in your case.

FAQ

  • How long does CPS have to close a case in Washington State?

It basically depends on the nature of the case. However, usually, CPS has 90 days from the date the report is made to finish its investigation. If the courts get involved with the case, then the time to close the case will be longer. 

  • How long does DCS have to close a case in Tennessee?

Suppose the exception does not occur, usually. In that case, An investigation is concluded within sixty (60) calendar days with a decision to close the case, provide or refer to community services, or transition to a Family Service Worker (FSW).

  • How long does CPS have to close a case in NY?

Child Protective Services investigates the report. They are to complete their investigation within 60 days.

  • What are my rights with CPS in Michigan?

You have some rights that can be infringed, but your right cannot make a bar to the process of the investigation. You have the right to make bar the CPS from entering your home unless they have a signed warrant or court order. CPS workers can lie to you. They will try to convince you in any way, but you should be strong in your decision.

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