Your CPS case can be closed by the CPS if they find nothing in their investigation, and it can also be dismissed by the courts if they find it in your favor.
The Kentucky child protection laws are designed with the CPS investigation process, the victim’s protections, court procedures, the rights of the alleged person, and the way to get the case dismissed.
In this section, we will attempt to chart a course toward obtaining a dismissal order in the case.
Though many of the alleged victims move forward with the case with an experienced lawyer, you can proceed alone if you have a basic conception of the Kentucky legal system.
The benefit of appointing an attorney is that, according to the law, only attorneys can examine the file in the courthouse, and in the case of others, they can just file a motion seeking the dismissal order of the court.
If you receive the latter, that your case is substantiated, then your attorney will tell you in which court you will appear and the case number.
How to get a dismissal order from the court for a CPS case in Kentucky?
The first step in getting a CPS case dismissed is to file a motion for dismissal with legal justification. The legal reasons can include many things, such as lack of evidence, false information, corruption of cps workers, fraudulence of the cps worker, violation of the law by the cps workers, and taking all the steps necessary by you to ensure the safety of the child.
Remember that if you get the dismissal order, you must deny all of the allegations because confessing to any allegation will result in negative consequences.
You can reveal the secret of the caseworker’s investigation for your own good: he is corrupt and has committed fraud. It will be the best assistance for you. However, it is one of the most corrupt things that happen in the states of America.”
You can find out about any job they did at the time of the investigation and if they broke the rules and regulations of the investigation, which they are obliged to follow. This is the time to be aware of your rights and whether or not they have been violated.
If the courts believe these things happened, they will dismiss the case. If the court’s findings are more acceptable than the CPSS finding, then your name should have been removed from the central registry.
However, the court usually dismisses the case when the CPSA fails to prove the evidence.
- The first step is to gather the documents or relate your allegations. Help your child to speak the truth about what actually happened.
- After finishing all of the procedures, the courts will make a decision on whether the accused is really guilty or not, whether the child should stay, and whatever step should be taken by their parents.
- When a case is accepted for review, the NEC subcommittee will decide and provide their consideration as to whether the case should be mediated or adjudicated.
- District or family court adjudication orders may include the following: services recommended, services needed, or services provided services no longer needed.
- Apart from that, you can be at ease about the cps case because the investigations were completed in 90 days and found nothing. They will be notified that the case has been closed.
What happens if you fail a drug test for CPS in KY?
For the purpose of ensuring safety, the CPS can make a request to you for a drug test, but they are not authorized to compel you without the permission of the court. When drug test results are positive, you can sign a safety plan to place your children in a better situation. Your denial to sign the plan may cause the removal of your children from your home.
How long does CPS have to close a case in Kentucky?
Closing of a cps case depends on their investigation. In the grievous case, it takes a long time. In most instances, Child Protective Services takes about 45 days to investigate reports, but if they need more than they may extend the time.
How long does a CPS case stay on your record in Kentucky?
You are under some restrictions as long as your name stays on the records. It will remain on your record for ten years after the youngest child in the report turns eighteen.
What is considered child neglect in Kentucky?
It is important to determine what is considered child neglect as the CPS applies its discretionary power in determining child neglect. Child neglect includes not providing the child with sufficient care, supervision, food, clothing, shelter, education, or medical care necessary for the child’s well-being.
How long must a parent be absent to lose rights in Kentucky?
Parents’ civil rights can be infringed upon, but if they are absent, then the exception. If they are absent at least 15 of the 22 months immediately preceding the petition to terminate the parent’s rights, then they may lose the rights.