In a case involving allegations of neglect or child abuse, child protective services (CPS) will act quickly to ensure the safety and protection of the child. CPS cases are notoriously confusing and difficult to navigate if you do not know the lay of the land. A CPS removal can separate families for a significant amount of time if not properly handled. At the Law Offices of Erica Wilson, the entire team has significant experience with dependency proceedings and we will openly communicate with you during every step of the way. 

We will zealously advocate for the restoration of your family unit as well as your peace of mind.

In the years since the Kenny A decision and the implementation of new CPS policies, removals under continue to steadily rise. 

When should you contact an attorney?

The short answer, immediately. When CPS begins its investigation, they may ask you personal questions about your parenting. The CPS investigator may merely conduct a cursory investigation into an allegation and determine that removal is needed. You may be asked to sign something that the CPS worker will give the appearance of being a simple solution to prevent an involuntarily removal of the children from your home. 

A Safety Plan is a written agreement that CPS will ask you to sign which requires you to refrain from certain conduct. For example, if there are allegations of domestic violence in the home, you may be asked to sign a Safety Plan agreeing to either move from the abuser or have the abuser removed from the home. A Safety Plan could also require for you to agree to the child leaving the home temporarily to go live with a relative or fictive kin. A violation of the Safety Plan could lead to an immediate removal of the child and your child will likely be placed in a foster home until CPS can approve the home of a relative. Unfortunately, the approval of a non-state sanctioned home can take weeks, if not months. During that time, your children will be placed in a unfamiliar home with strangers. 

If you are ever contacted by a CPS investigator you should immediately contact an attorney before discussing the investigation and definitely before you sign anything. 

A typical CPS case will include the following:

• Investigation
• Removal
• Court issued case plans to address risk factors 
• Court hearings to verify compliance with any court ordered case plans 

Usually, a CPS case starts when a report of child abuse or neglect is made. As soon as you are contacted by the CPS, contact our firm for legal guidance and help with what to do next.

If CPS is unable to substantiate the allegations in the report, the case will be closed. If there are concerns of abuse or neglect, CPS will proceed with seeking a removal order from the Court to ensure the safety of the child will they conduct an more in-depth investigation into the allegations.  

If the Court finds that there is enough evidence to find that continued removal of the children is appropriate, the Court will issue a court ordered case plan outlining the expectations of each parent in order to reunify with their children. Without proper advocacy, this can process can unfortunately often take years to accomplish resulting in children lingering in what is referred to as the “foster care drift.” Every day a child is away from his or her parents can feel like an eternity. Our representation means you have aggressive representation until the day your children are returned and the stress of the removal is eliminated. 

CPS Attorney with the specific experience you need to preserve your family 

Dealing with the numerous representatives with CPS and the Department of Family and Children Services (DFACS) is overwhelming and intimidating. It is so very important not to navigate this unchartered territory alone. 

Time is of the essence. Pursuant to Georgia law, a parent is entitled to a Preliminary Protective Hearing within 72 hours after a child is removed.  The faster you enlist the help of our office, the faster we can begin to work to protect your rights as a parent.

Our lawyers handle CPS removals every day. This is not an area of law where you want to have an attorney who dabbles in this occasionally. Hiring us gives you the benefit from our years of insight and legal understanding in this very niche area of law. 

We can protect your family during a CPS child abuse investigation. We have helped over 350 families navigate the murky waters of a dependency proceeding.  We have a wealth of experience and finely tuned skill set into this niche area of law.