Suing Child Protective Services and Winning
Child Protective Services (CPS) are government agencies responsible for protecting children from abuse, neglect, and more.
However, CPS workers may violate the parents’ rights or invade their privacy. For example, this can happen when untrained CPS workers investigate a case without complying with government regulations.
In this article, we will clarify the valid reasons for CPS to remove a child from the parents’ care, what you can do to fight a CPS worker’s inaccurate report, and the standard procedure to suing Child Protective Services in small claims court.
Reasons For CPS to Take a Child
The Child Protective Services’ main goal is to protect the child. If a child is deemed to be at risk of significant harm, CPS can step in to remove the child from his/her home or the care of his/her parents. It is important to note that CPS does not have the authority to decide when to remove a child. If they do believe the child is at risk, CPS should seek a court order to remove the child.
Some of the reasons that CPS will take a child into their temporary or permanent care include:
- Emotional abuse
- Physical abuse
- Sexual abuse
- Incarcerated parents
- Serious illness or death of parents
What Constitutes Child Neglect?
The majority of cases administered by Child Protective Services (CPS) involve neglect. Neglect is defined as a serious pattern of depriving a child of his/her basic physical, developmental, and emotional needs that are important for healthy growth and development. The table below outlines examples of child neglect.
|Physical Neglect||This is the failure to provide appropriate food, clothing, shelter, or supervision.|
|Medical Neglect||This is the failure to provide timely and proper medical or mental health treatment.|
|Educational Neglect||This is the failure to educate a child or to provide special education needs.|
|Emotional Neglect||This is the failure to provide emotional or psychosocial support, or allowing the child to use addictive substances.|
How to Fight False Child Neglect Charges?
Court proceedings and the final judgment must be made for a child to be permanently placed in CPS’s care. For permanent placement, CPS must be able to provide evidence that the child’s safety or well-being is at risk. Although each case is different, there are some pointers you can follow to fight a false child neglect charge:
- Seek legal counsel – Your lawyer may help in presenting evidence that will dismiss the false claims against you. The evidence may include testimonies from family members, medical professionals, school staff, and others. If you find discrepancies in the case worker’s report, you may request your lawyer to draft a legal document called “Objections and Corrections to the Report of the Social Worker”.
- Document everything and collect evidence – Build a strong case against CPS by recording their actions. However, make it clear to CPS officials that they are being recorded. Remember to ask for a written copy of all the charges against you so that you know how to prepare to defend yourself.
- Confront the CPS – Make sure to remain in constant touch with the CPS. If CPS workers are unprofessional, you may report to their supervisors. Furthermore, your name and case will be entered into the CPS database registry when you are being investigated. When you have been found innocent, make sure to request to have your name removed from the database.
How to Sue CPS With DoNotPay?
If the CPS worker’s report contains lies that result in damages, you may proceed to file a lawsuit against the CPS worker in small claims court. You may create a “Declaration of Facts”, an official document where you state the accurate facts of your case. You may also take the case further by filing the “Statement of Objections and Corrections to the Social Worker Report”. These two documents will serve as evidence.
However, filing a lawsuit by yourself can be overwhelming. Especially when dealing with CPS, there are bureaucracies involved and paperwork to complete. Let DoNotPay fight the legal battle for you! The robot lawyer streamlines the suing process and you can file a lawsuit by following 4 simple steps:
- Log in to DoNotPay and select the Sue Now product
- Quantify your damages in monetary terms
- Select whether you want a demand letter or court filing forms
- Describe the reason for the lawsuit and submit any evidence to support your claim
That’s it! DoNotPay will generate a demand letter or court filing forms for you. We’ll also mail a copy of your demand letter to Child Protective Services on your behalf!
Who Else Can DoNotPay Help Sue?
In addition to CPS, DoNotPay has been helping thousands of users sue anyone from their noisy neighbor to corrupt corporations. Some of the large companies that we have been helping sue include: