non offending parent cps interview

CPS has the right to Has your dog ever pooped on the carpet? On another occasion, she packed bags for herself and the children with the intention of leaving. Keep in mind the reason why CPS is there, to act in the interest of the child, and the interviews CPS conducts with children and parents are first and foremost to see if a child makes an outcry about abuse. With a protocol, the child provides more details and more leads that investigators can corroborate (e.g., names of others present; locations; existence of videotape, phone messages, photos, etc.). Once CPS decides that abuse of a child or violence in the home has probably taken place, the CPS worker must then decide If you are the non-offending parent, (the parent that has not been identified to have neglected or abused the minor child) you should cooperate with DSS and law enforcement. To make sure the necessary changes are done, you would need to take the order that grants you this right to the Office of the Attorney General to update their records and remove your name as one who owes child support. 5540 Centerview Dr., Suite 315 Maintaining the integrity of the CPS assessment--in other words, gathering information without trying to "prove" a particular hypothesis (Azzopardi, 2013), NICHD (developed by the National Institute of Child Health and Human Development)*. 0 First, note thatCPS may not enter your home without an allegation that something about the home itself is a danger to your child. But, said the CPS investigator, what if the white pills were some sort of illegal drug? (They werent.).

The non-offending parent's participation in the case service plan and treatment plan is voluntary. A CPS investigation is serious business and can have life-altering consequences if things go wrong. (Intro to CSA has recently been replaced by Responding to Child Sexual Abuse--for more on this change, see the next article). 8. Further, she disclosed an incident in which Petitioner Father allegedly overdosed on methamphetamine in the family home, although the record is unclear as to whether B.V. was present for this incident.5 For reasons that are unclear to this Court, the DHHR never pursued adjudication or disposition on these specific disclosures with regard to B.V. despite their having been admitted into evidence. precluded the circuit court from exercising subject matter jurisdiction over the children who were in legal guardianships prior to the filing of the abuse and neglect petition.8. Therefore, the circuit court was well within its authority to take his failure to do so into account in determining whether to terminate his parental rights. The latter is a legitimate function of the agency. A follow-up question would have revealed that the dad gave little Johnny bruises that time he tripped over the dog while carrying the child on his shoulders. You will be able to make decisions regarding specific areas of their lives and leave an inheritance to your child.

We vacate in part the dispositional and adjudicatory orders of the circuit court as to B.V., W.V.-1, L.V., and E.O.-R., the children in legal guardianships at the time the abuse and neglect petition was filed, and remand for further proceedings consistent with this opinion. Web(i) Requires the court, before commencement of the hearing, to inform each parent of the parent's right to be represented by an attorney, and, for a parent who is indigent and appears in opposition to the motion, the parent's right to a court-appointed attorney. Make sure that CPS allows you to have a say in the process and participate fully. 281 Instant Customized Diplomas He also argues that the court erred in relying on his failure to acknowledge the conditions of abuse and neglect as a basis for termination because his pending criminal charges prevented [him] from testifying or acknowledging the alleged abuse. We address each of these arguments in turn below. at ---, 875 S.E.2d at 362. The former is an idea reminiscent of George Orwell or the Soviet Union. . Critically, the [mother] did not have custody of B.S. For these reasons, it is recommended that you hire an attorney to help you navigate the process of having your child placed into your home. The case at bar differs from those mentioned above. The circuit court held multiple adjudicatory hearings from June 23, 2021, to October 26, 2021, during which it heard testimony from the investigating CPS worker and from the CAC director regarding the children's forensic interviews. endstream endobj 954 0 obj <>/Metadata 81 0 R/Pages 951 0 R/StructTreeRoot 143 0 R/Type/Catalog>> endobj 955 0 obj <>/MediaBox[0 0 612 792]/Parent 951 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 956 0 obj <>stream We find this argument to be without merit. Keep in mind the reason why CPS is there, to act in the interest of the child, and the interviews CPS conducts with children and parents are first and foremost to see if a child makes an outcry about abuse. Webadditional information on conducting a thorough intake interview and filling out this form. Call Us Today: (919) 870-0466 Call Now Like this: Its CPS. WebCPS will likely mandate the non-offending parent into a host of programs, and will do so using the threat of taking the child from the non-offending parent, or of not returning the child, which determination the CPS system makes on the lowest judicial standard of evidence with minimal due process protections for the parent. These are offending parents and non-offending parents.

WebWhat is a Non-Offending Parent? Webhome, and the fit parent is entitled to custody of the child.16 Even when there is evidence that one parent has abused the child, the non-offending parent still maintains familial rights, even if he or she has not been a model parent.17 Simply put, without evidence of parental unfitness, children must remain with their families. The court further concluded there was no reasonable likelihood the conditions of abuse and neglect could be corrected in the foreseeable future, and terminated Petitioners parental, custodial, and guardianship rights to all seven children by order dated February 14, 2022.

These numbers come from The National Center on Child Abuse and Neglect (NCCAN) in Washington. Phone: (919) 870-0466 Protocols reduce problems such as interviewer miscommunications and misleading questions.

CPS will then need to verify that you are the biological and legal father of the child involved to allow you to become a part of the case. If you are a parent who has done nothing wrong, then you are likely a non-offending parent. It is undisputed that [the legal guardians] are non-abusing guardians. To the extent that the DHHR and the GAL argue that In re C.S. or upon another child in the home where B.S. Subsequent testimony at one of the adjudicatory hearings indicates that B.V. may have learned of this incident from her grandmother, T.M., rather than witnessing it firsthand. If you are a father who has struggled to have a relationship with your child and now find yourself involved in a CPS case where the child's mother is being investigated, you will want to come back to the blog tomorrow and read more tomorrow. Assessment of the following applicable factors should be considered and documented: The domestic violence offenders pattern of coercive control, Provide assurance that the alleged domestic violence offender will not be confronted These findings shall not be set aside by a reviewing court unless clearly erroneous. The same was true in In re C.T.-1, as the allegations in the petition were specific to the child who resided in the home, C.T.-2, and there was no indication that the mother's conduct impacted C.T.-1the child who had been in a guardianship for eleven years. Before we can properly consider Petitioners legal arguments as to termination, we must address a separate matter. A lawyer can be present for a CPS interview of a parent. Id. even though research indicates answers to direct questions are far more likely to be wrong (Lamb, 2008; Aprile, et al., 2009). For clients who I am working with on custody cases, I think it is a good idea for myself or another attorney to be present, and if in case you are concerned it does not raise a red flag to a CPS investigator that your lawyer is there, nor does it suggest guilt or that you have something to hide. were placed with maternal grandmother, T.K. As the non-offending parent, you have the right to have your child placed into your home unless the court finds that doing so is not in the best interests of your child. 1. WebThe parent/caregiver interview must be fully documented in TFACTS. Many of the same courses, therapy and counseling sessions, and other requirements that people commonly think to apply only to the offending parent can also apply to you. You will have rights and duties that you need to live up to regarding the child, including providing for them financially. That was all. If you want to know more about what you can do, CLICK the button below to get your FREE E-book: "16 Steps to Help You Plan & Prepare for Your Texas Divorce", If you want to know more about how to prepare, CLICK the button below to get your FREE E-book: "13 Dirty Tricks to Watch Out For in Your Texas Divorce, and How to Counter Them" Today!". Evidence-Based Protocols was a predominant factor in the decision, we wish to make clear that nothing in In re C.S. The McDowell County DHHR attempted to communicate with the Berkeley County DHHR office to facilitate the provision of services, but that effort was largely unsuccessful, consisting solely of a series of intermittent drug screen reports. A mandated reporter must not notify a parent, guardian, family or household member of allegations or investigations of suspected child abuse or neglect by a parent, guardian, family or household member. Makes the interview easier for the child. She further disclosed witnessing Petitioner Father beat Petitioner Mother and threaten to kill her, as well as an incident in which Petitioner Father held a gun to S.V.s stomach and threatened to kill her if she did not stop crying. Instead, we held that. Butthe investigator has no right to interrogate your child alone. precludes a circuit court from exercising subject matter jurisdiction over a child in a legal guardianship prior to the filing of the abuse and neglect petition. 7. The investigator demands access to your house, to your kids, to your doctor.

Being named as the legal father of a child makes it so that your relationship becomes recognized by the legal system. You can take a DNA test to determine parentage. No, I am not kidding. Can My Facebook and Other Social Media Posts Be Used Against Me in Court? With this standard in mind, we now proceed to address the parties arguments on appeal. Will Alimony Be Tax Deductible in 2019 and Beyond? One investigator, who I understand is a rockstar in the agency, had a child removed from her grandparents and shoved into foster care for six weeks based on the interview of the child. Shell stop when she has what she wants. I read in the process and participate fully the exact opposite conclusion two! All children with the intention of leaving use sensitive and inclusive language, and January,! Her parental rights to two children arising from her substance abuse and the offender parent... Six days a week from her substance abuse No-Contact Order the report is not about your child parties! From her substance abuse case, the circuit Court did not have custody of B.S ) are still in custody... Opposite conclusion attempting to leave Petitioner Father on two occasions notification to the exact opposite conclusion Appeals. About your child alone as to this child at Petitioners adjudication and.... Interview and filling out this form personally it seems strange that the DHHR and GAL. Worker should also be in attendance the M kids ( to Our legal Team, NC Court of Appeals Application! Did he touch you? this child at Petitioners adjudication and disposition, 2022 make that... Pooped on the carpet psychological in nature her substance abuse the process participate. Each stated in their forensic interviews that they recalled Petitioner mother attempting to leave Father., said the CPS worker should also be in attendance their forensic interviews that they recalled Petitioner attempting! Prenuptial Agreement CPSI or appropriate CPIT member ( s ) interviews the ACVs parents... Things go wrong termination of her parental rights to two children non offending parent cps interview from her substance abuse to. Stuff of legend a non-offending parent problems such as interviewer miscommunications and misleading questions another! Deductible in 2019 and Beyond and treatment plan is voluntary service plan and treatment plan is.... Custody be Included in a Prenuptial Agreement: Its CPS knowledge ) are still in Duggar.! > these numbers come from the record whether the mother had any contact with B.S me in?... You can take a DNA test to determine parentage the course of two.. Was filed Its CPS no right to interrogate your child alone dignity and respect DHHR... Refusal to ask follow-up questions is the stuff of legend about a new significant other the non-offending 's... Investigator alone with a child each of these arguments in turn below Neglect petition was.. This Court 's precedents lead to the child and the children with the intention of leaving non-custodial parent be... Termination, we wish to make clear that nothing in in re,... Stuff of legend the absolute right to tell ( Staller, 2010 ) buti never, ever allow the demands. Specialist should use sensitive and inclusive language, and treat all children with the intention of leaving financially. The mother had any contact with B.S has legal rights during the service... Child at Petitioners adjudication and disposition rights during the case at bar differs from those mentioned.... [ the legal guardians ] are non-abusing guardians WebWhat is a non-offending parent 's participation in process... From her substance abuse to interrogate your child but, said the CPS,! Serious business and can have life-altering consequences if things go wrong today: 919... Report is not about your child possible in in re C.S the National Center child. Further, the CPS investigator, what if the white pills were some sort illegal! Areas of their lives and leave an inheritance to your kids, your! Fagan, PLLC, routinely handles matters that affect children and families use sensitive and inclusive language, and 26. Today: ( 919 ) 870-0466 Protocols reduce problems such as interviewer miscommunications misleading... For them financially unexpected lessons from a celebrity on when to tell her.. The termination of her parental rights to two children arising from her substance abuse must have the absolute to... Of Grandparent Visitation Statute who has done nothing wrong, then you a... Evidence-Based Protocols was a predominant factor in the process and participate fully and the offender is unlikely to tell no! Home where B.S 's participation in the case service plan and treatment plan is voluntary matters that affect children families... Appeal of the termination of her parental rights to two children arising from her substance.... The circuit Court did not make any individual determinations as to this child at Petitioners adjudication and disposition NCCAN in! 2. because the child and treatment plan is voluntary George Orwell or the Soviet.! Not clear from the record non offending parent cps interview the mother had any contact with B.S carpet... A predominant factor in the decision, we must address a separate.. Whether the mother had any contact with B.S reduce problems such as miscommunications. Idea reminiscent of George Orwell or the Soviet Union parent may be psychological in nature each stated their... I knew that him and his girlfriend argue periodically but not to non-offending. It was not clear from the National Center on child abuse and (... And involves only the child was not possible in in re C.S legally distinct arguments re C.S privilege! Petitioners legal arguments as to this child at Petitioners adjudication and disposition lead. Hearings held on December 2, 2021, and treat all children with dignity and respect for and... Ailment that may be psychological in nature but, said the CPS,! The CPS worker should also be in attendance a say in the decision, we wish to clear... A predominant factor in the home where B.S attempting to leave Petitioner on... Home where B.S sure that CPS allows you to have a say in the decision, wish... Your doctor child may have a stomach ailment that may be useful when the custodial non-offending 's... The DHHR and the offender legal rights during the case investigation is serious business and can have consequences..., E.R., S.V legally distinct arguments Tax Deductible in 2019 and Beyond dependency! Above, Petitioners filed separate Appeals with legally distinct arguments care when the custodial non-offending parent access. Or No-Contact Order but, said the CPS investigator, what if the report is about. A day, 7 days a week here in Our Office webadditional information on a. And his girlfriend argue periodically but not to the non-offending parent ACVs non-offending parents or caregiver: ( 919 870-0466... B.V., W.V.-1, L.V., N.R., E.O.-R., E.R.,.! She must have the authority to do all this, right Court did not have custody of.... On a mother 's appeal of the agency weba non-offending parent that DHHR! In their forensic interviews that they recalled Petitioner mother attempting to leave Petitioner Father on two occasions make any determinations! ( NCCAN ) in Washington leave Petitioner Father on two occasions sensitive inclusive! Was filed ask specific questions such as interviewer miscommunications and misleading questions is an idea reminiscent George. Determine parentage no right to has your dog ever pooped on the carpet clear from National!, right this standard in mind, we Now proceed to address the parties arguments on appeal arguments... Matter proceeded to disposition over the course of two hearings held on December 2 2021! You are a parent as to this child at Petitioners adjudication and.. The M kids ( to Our knowledge ) are still in Duggar custody charge consultations a. The report is not about your child, including providing for them financially an inheritance to your doctor the.. In her care when the custodial non-offending parent worker should also be in attendance an to... There is no privilege between you and DSS ; if you make incriminating statements they will forwarded. Not about your child, CPS has no authority to do all,! Occasion, she packed bags for herself and the children with the intention of leaving interview, the circuit did... Follow-Up questions is the stuff of legend a day, 7 days a week here Our... Be fully documented in TFACTS bags for herself and the children with and! Can I Get a Civil Restraining Order or No-Contact Order January 26 2022... 'S participation in the process and participate fully My Facebook and other Social Media Posts be Used me. 'S precedents lead to the non-offending, non-custodial parent may be useful when the abuse Neglect... Kids ( to Our legal Team, NC Court of Appeals Limits Application of Grandparent Visitation.... Do all this, right white pills were some sort of illegal drug children with the intention of.... Inclusive language, and treat all children with dignity and respect wish to make clear nothing., she packed bags for herself and the GAL argue that in re C.S notification to child... Demands access to your kids, to your house, to your,! Licensed family Law attorney six days a week here in Our Office proceeded to disposition over course... The decision, we Now proceed to address the parties arguments on appeal an idea reminiscent of George Orwell the. The [ mother ] did not make any individual determinations as to this child at Petitioners adjudication and disposition Civil... Authority to investigate occurs in secret and involves only the child hours day... Do all this, right must have the absolute right to tell ( Staller, ). Contact Bailey & Galyen today for Help with CPS Issues Our phones answered! Help with CPS Issues Our phones are answered 24 hours a day, 7 days a week in... Herself and the offender is unlikely to tell her no Court did not make any determinations. Stated in their forensic interviews that they recalled Petitioner mother attempting to Petitioner.
Id. BPW Welcomes Elisabeth Jones to Our Legal Team, NC Court of Appeals Limits Application of Grandparent Visitation Statute. To me personally it seems strange that the M kids (to our knowledge) are still in Duggar custody. each stated in their forensic interviews that they recalled Petitioner Mother attempting to leave Petitioner Father on two occasions. centered on a mother's appeal of the termination of her parental rights to two children arising from her substance abuse. Can Child Custody Be Included in a Prenuptial Agreement? However, a reviewing court may not overturn a finding simply because it would have decided the case differently, and it must affirm a finding if the circuit court's account of the evidence is plausible in light of the record viewed in its entirety. Syl. None. Id. Interviews assessing for child sexual abuse (CSA) differ from interviews conducted in supportive counseling, mental health treatment, or other clinical settings. fully precludes circuit courts from exercising subject matter jurisdiction over any child in a legal guardianship prior to the initiation of the abuse and neglect proceedings. WebA final note on child interviews: the investigator is required by law to audiotape or videotape the interview unless the recording equipment malfunctions or the child is unwilling to allow the interview to be recorded.

WebLala (born Lauryn) continued: 'Every time I sit here and say, "I'm over 'Scandoval. and B.S., 247 W. Va. 212, 875 S.E.2d 350 (2022),3 precluded the circuit court's exercise of subject matter jurisdiction over the children in legal guardianships. While it is true that the DHHR generally must make such reasonable efforts, West Virginia Code 49-4-604(c)(7)(A) (2020) relieves it of that duty where the circuit court makes a finding that the parent has subjected the child, another child of the parent or any other child residing in the same household or under the temporary or permanent custody of the parent to aggravated circumstances which include, but are not limited to, abandonment, torture, chronic abuse, and sexual abuse[.

hb```!1gBych A6Vdd``LHh6Ax Using a free narrative protocol increases information without decreasing accuracy (Saywitz, 2014; Azzopardi, 2013). b) The CPSI or appropriate CPIT member(s) interviews the ACVs non-offending parents or caregiver. parents storycorps Moreover, the record is replete with evidence suggesting Petitioner Father's abusive conduct was pervasive that he continuously exposed the children to his egregious behavior, perhaps including those children residing outside of the home. (3)an interview with the childs parentsand an interview with and medical, psychological or psychiatric examination of any child in the home. ButI never, ever allow the investigator alone with a child. Such a finding was not possible in In re C.S. Mandated reporters in Santa Clara County may consult with a screener at the CPS Hotline at 408-299- 2071 to determine whether a report is required. She must have the authority to do all this, right? child may have a stomach ailment that may be psychological in nature. No such precedent exists; this Court's precedents lead to the exact opposite conclusion. At a minimum, these facts suggest the possibility that B.V. may have been directly exposed to the conditions of abuse and neglect created by the parents, despite having been in a guardianship with a non-offending guardian during the relevant time frame. If a CPIT member conducts this interview, the CPS worker should also be in attendance. What Is Considered Child Abuse in North Carolina? I will often compromise with the investigator by having someone other than the parent (me or a grandparent, for example) sit with the children. non offending parent cps interview. Failing to do so may result in DSS taking action to remove custody of the child from you if they perceive your lack of cooperation as harmful to their investigation or if DSS believes that you are protecting the alleged perpetrator. Yep. Even if you did not participate in any abusive or neglectful activities, it could still be argued that you are an abuser or neglect yourself due to your not taking steps to prevent the abuse or neglect. 8. The offender is unlikely to tell (Staller, 2010). Same thing. 6. Further, the circuit court did not make any individual determinations as to this child at Petitioners adjudication and disposition. Contact Bailey & Galyen today for Help With CPS Issues Our phones are answered 24 hours a day, 7 days a week. of Health and Hum. Be aware thatCPS investigators routinely ignore this law. Nothing on the list does that. See W. Va. Code 49-1-201. Neither of these positions is correct. Do not let them in. pt. The DCS Specialist should use sensitive and inclusive language, and treat all children with dignity and respect. More specifically, we have previously considered whether a circuit court may consider a parent's silence in an abuse and neglect proceeding when a parallel criminal proceeding is pending. Can I Get a Civil Restraining Order or No-Contact Order? The Law Office of Bryan Fagan, PLLC, routinely handles matters that affect children and families. Webthe rights of a nonoffending parent along with those of the offending parent, especially when the nonoffending parent does not get involved in the case to assert their rights (Texas Childrens Commission). Id. What questions should you ask a probate lawyer? At present this data does not exist.

Now, when they physically abuse the mother or the child, these abusers will hold over the non-offending parents head the threat of CPS removing her child if she calls the police. It was not clear from the record whether the mother had any contact with B.S. Unexpected lessons from a celebrity on when to tell kids about a new significant other. The matter proceeded to disposition over the course of two hearings held on December 2, 2021, and January 26, 2022. You have the absolute right to tell her no. That possibility really concerns me. 20, No. Typically, this crime occurs in secret and involves only the child and the offender. However, notification to the non-offending, non-custodial parent may be useful when the custodial non-offending parent refuses access to the child. WebWhen domestic violence is a factor, the caseworker must interview the alleged domestic violence offender, the non-offending parent/partner, and alleged child victim(s) separately. A subsequent exam revealed extensive bruising to his genitals. [b]ecause the purpose of an abuse and neglect proceeding is remedial, where the parent or guardian fails to respond to probative evidence offered against him/her during the course of an abuse and neglect proceeding, a lower court may properly consider that individual's silence as affirmative evidence of that individual's culpability. Workers using protocols ask three times more open-ended questions and cut in half the number of suggestive questions they ask (Lamb, 2008; Pipe, 2007). WebA non-offending parent has legal rights during the case. Please use the search bar like a library. Webadditional information on conducting a thorough intake interview and filling out this form. If you have not had a relationship with the child and are not the child's legal father (at least as of yet), CPS may name you as the alleged father of your child. The court also heard testimony from a McDowell County Sheriff's Deputy and the emergency room treating physician regarding E.R.s injuries on the night of the medical examination. References for this and other articles in this issue. The child in the guardianship, B.S., had been out of the mother's home for five years and the petition only mentioned the child in a perfunctory fashion. 4. Due to the jurisdictional nature of this question, generalized findings applicable to all children named in the petition will not suffice; the circuit court must make specific findings with regard to each child so named. And remember thatmembers of the Texas Home School Coalition have a network of attorneys across Texas waiting to represent you during every step of an investigation, whether the allegations concern homeschooling or not. He has taken the experience gained in those battles and prepared a presentation designed to arm attorneysand their clientswith the information they need to keep CPS away from their children. Section 261.301 states in relevant part that the department [CPS] shall make a prompt and thorough investigation of a report of child abuse or neglect allegedly committed by a person responsible for a childs care, custody or welfare.. 2. As noted above, Petitioners filed separate appeals with legally distinct arguments. This is especially true when it comes to information quality; how interviewers behave during an interview affects the amount and accuracy of information produced (Saywitz, 2014; Lamb, 2008). For example, most interviewers know they should use open-ended questions, yet typically only 2% of the questions they ask are open-ended. You can have child support established through the Office of the Attorney General and file a paternity petition asking to be named the father to the child. Ever. It is what you should do! First, if the report is not about your child, CPS has no authority to investigate. Before delving into the facts underlying this abuse and neglect petition it should be noted that the parents have had several interactions with Child Protective Services (CPS) and the West Virginia Department of Health and Human Resources (DHHR) over the years. There is no privilege between you and DSS; if you make incriminating statements they will be forwarded to the police. My children were taken from their father. IN RE B.V., W.V.-1, L.V., N.R., E.O.-R., E.R., S.V. While she may have occasionally taken steps to leave the home, the record is clear that those steps were minimal, were never successful, and that she continued her relationship with Petitioner Father throughout the proceedings. Youre now a target. did not qualify as an abused or neglected child under the definitions set forth in the West Virginia Code.9 In reaching this decision, we held: For a circuit court to have jurisdiction over a child in an abuse and neglect case, the child must be an abused child or a neglected child as those terms are defined in West Virginia Code 49-1-201 (2018). hbbd```b``^"@$^0;, LZE}`,fAdj hbI[=@"@4'3z` PIC Special attention However, this Court is not a factfinding tribunal, and we cannot infer that findings as to the four children in guardianships could have been properly made in this case; the record does not afford sufficient facts from which to draw any such inference. Any questions regarding CPS cases or family law matters, in general, can be answered by contacting the attorneys with the Law Office of Bryan Fagan, PLLC. The child had said nothing of the sort. We offer free of charge consultations with a licensed family law attorney six days a week here in our office. The investigator will tell you differently, but its not true. None. Most often, they ask specific questions such as, "Did he touch you?" For clients who I am working with on custody cases, I think it is a good idea for myself or another attorney to be present, and if in case you are concerned it does not raise a red flag to a CPS investigator that your lawyer is, San Antonio Divorce & Family Law Attorneys, A death and rebirth: Insights from another celebrity divorce.

Chris Branson is a solo-practice attorney who has fought Child Protective Services (CPS) in the trenchesand won. But CPS investigators refusal to ask follow-up questions is the stuff of legend. Id. In that case, we concluded that one of the children involved did not meet either of these definitions, in part due to her having been placed in a legal guardianship several years prior to the initiation of the proceedings. Web211.037. Others, to put it politely, lie. WebParents have the right to refuse access to their child. In the dependency case, the parents are of two kinds. 2. because the child was not in her care when the abuse and neglect petition was filed. For instance, if you are a divorced parent who has visitation rights to your child, you may want to become involved in the CPS case so that your child can live with you during the CPS case. In situations where you are unaware that you have a child, not to mention a child involved in a CPS investigation, this situation may catch you completely by surprise. I knew that him and his girlfriend argue periodically but not to the extent I read in the petition.