Juvenile Dependency Actions or Other Contacts with CPS
If you have been contacted by CPS regarding an allegation of child abuse or neglect, or your children have been removed by law enforcement or the court, it is important that you receive advice from an attorney experienced in this area of the law.
The attorneys at Moriarty & Associates, P.L.L.C. can provide advice and representation to parents during preliminary contacts with CPS and at all stages of the proceedings We have many years of experience providing full time representation to parents in dependency and CPS actions. We are happy to provide you with a free initial consultation to discuss your case and the services that we can provide to you and your family.
Frequently Asked Questions
Why has CPS contacted me or my family?
- Child Protective Services (CPS), a division of the Department of Social and Health Services (DSHS) becomes involved with a family when a referral, or allegation, of abuse, neglect, abandonment, or unfit parenting, is made to law enforcement or to CPS. Juvenile dependency cases may also be brought in situations where the parents/caretakers are unable to meet a child's special needs.
Who called CPS on me or my family?
- CPS will accept and investigate referrals from a variety of sources, including family members, neighbors, school personnel, medical professionals, and law enforcement.
What does CPS do after they get a referral?
- CPS will conduct an investigation into the allegations. This investigation may consist of meetings with the family and requests for permission to interview professionals or other persons with knowledge of the family.
Why am I being asked to do services?
- Depending on what is uncovered in the investigation, CPS may request that a family participate in services on a voluntary basis to fix any problems that CPS finds in the home. If you do not complete the services, or CPS determines that your children are still at risk, they may petition the court to remove your children from your care. The attorneys at Moriarty & Associates, P.L.L.C. can help you negotiate with CPS during this process.
Am I entitled to an attorney when CPS calls me?
- Not necessarily. By law, a parent or guardian is entitled to a lawyer (at no expense if certain indigency requirements are met) once their child has been removed, or a dependency petition has been filed. However, this right does not exist during your first contacts with CPS. Some families may be involved with CPS for years before an attorney is ever appointed to their case.
When can CPS take my child?
- If CPS determines that the risk is high enough, they may request an order from the juvenile court allowing CPS to remove the child from his/her parents and place the child in out of home placement with a relative or foster parent. Alternatively, CPS may maintain the child in the home of one or both parents but still file a petition for dependency and request that the court intervene in the case and order the parents to complete services.
When will my case be heard in Court?/ When can I ask that my child be returned?
- After a child is removed from his/her parents, or a dependency petition is filed, a shelter care hearing will be held within 72 hours. At the shelter care hearing, the judge will make decisions regarding the placement of child and visitation between the parents and the child. Additionally, parents may be asked to agree to complete services or evaluations to remedy parental defects or determine the existence of any parental defects.
The shelter care status of the case will continue until a parent agrees in a court order that their child is dependent, the State dismisses its petition for dependency, or a fact-finding (trial) occurs, generally within 75 days after the removal of the child.
What is a “dependent” child?
- A child is dependent if the child has been abandoned, is abused or neglected by a person legally responsible for the care of the child, or has no parent, guardian, or custodian capable of adequately caring for the child, such that the child is in circumstances which constitute a danger of substantial damage to the child's psychological or physical development. Basically, a dependent child is dependent on the State for his/her care while his/her parents complete services designed to correct problems in the home and reduce the risk to the child.
Do I have the right to a trial?
- Yes. You have the right to a trial where you can make your case, present evidence on your own behalf, and contest CPS’ allegations. This trial, or fact-finding, is generally set within 75 days of the removal of your child from your home.
What other rights do I have?
- You have the right to receive all documentation related to your case, be provided services to remedy parental defects, visit with your child in most cases, and attend any meetings or staffings in regards to the placement and plan regarding your family and child. Most importantly, you have the right to be advised by an experienced attorney at every stage of this case. CPS cannot discriminate against you for seeking the advice of an attorney, nor for having an attorney present with you at meetings.
I have supervised visitation with my child. How can I get more?
- If there has been a change in circumstances, you can ask the Court to modify your visitation, service plan, or the placement of your child. This can also be done by the agreement of all the parties. This is why it is important that you are represented by an attorney who will make sure that your progress is communicated to the Court, who will work together with your social worker to get you the best plan possible, and who will be a zealous advocate for you and your child. The attorneys at Moriarty & Associates, P.L.L.C. have many years of experience in negotiating with DSHS and appearing in Court on behalf of clients.
How can I get my child back?
- In order to have their child returned, a parent will have to demonstrate to the Court that they have remedied any parental defects or created a safe and stable home environment and that the child would not be at risk of harm if returned home.
NOTICE: The questions and answers contained above are for informational purposes only. The facts and statements contained in this site are not legal advice and do not substitute for speaking with us or any other Washington State Attorney regarding the particulars of your case.
