Child Protective Services (CPS) is a governmental agency responsible for looking out for the well-being of children. But what if you suspect that your child is being abused by CPS workers? What can you do if CPS workers’ actions put your child in danger?
At The Law Office of Brett H. Pritchard, our Copperas Cove CPS attorneys have decades of experience protecting the rights of people investigated by Child Protective Services. If you suspect that your child has been abused or neglected by CPS, do not hesitate to contact our attorneys to discuss your options.
Children May Be Abused by CPS Workers or Other Children
If CPS removed your child from home, it is perfectly normal to worry about your child’s safety. While Child Protective Services workers are supposed to ensure the safety and well-being of children under their protection, it is not uncommon for children to become victims of abuse while placed in the custody of the governmental agency.
Children may be abused by other children under CPS protection or even CPS workers. Unfortunately, complaints of child abuse by CPS are more common than you might think. For any parent, the worst thing is learning that their child has been abused, especially when the abuse comes from the people who were supposed to take good care of the child.
If your child is in CPS custody and you suspect that CPS workers or other children placed in the custody of the agency abused your child, you need to contact a skilled attorney to help you hold the agency accountable for the harm caused to your child.
What to Do if You Suspect Child Abuse by CPS?
It is essential to get legal help as soon as possible if you suspect that your child has been abused or neglected by Child Protective Services. Many people think that the best thing they can do is confront CPS about the alleged abuse. However, doing so may cause unintended consequences.
CPS workers may tamper with evidence and pretend that the abuse has never happened. For this reason, the first thing you should do if you suspect child abuse by CPS is document the abuse, preserve evidence, and speak with an experienced attorney.
Trying to handle the situation on your own could worsen it. That is why you need a knowledgeable lawyer who knows how to protect your child and hold the agency responsible for mistreating or abusing your child.
Collect Evidence of Child Abuse by CPS
As mentioned earlier, Child Protective Services may attempt to destroy any evidence of the abuse. For this reason, you need to start collecting evidence of abuse as soon as possible. If you do not have any evidence to support your claims and no one witnessed the abuse, you have a low chance of success in your legal action against CPS.
Witness statements play a crucial role in CPS child abuse cases. That is why, if possible, you should talk to your child to get their side of the story as well as other children under CPS protection who might have witnessed the abuse. You should also speak with other adults, CPS caseworkers, and anyone who has any information about the alleged abuse.
If child abuse by CPS resulted in any visible injuries, take photographs of the injuries. The more evidence you can get, the better. Your CPS attorney will help you investigate your suspicions of CPS child abuse and gather the necessary evidence to prove your claim.
Your lawyer will present the collected evidence in the most convincing manner possible to hold CPS responsible for abusing, neglecting, or otherwise mistreating your child while under the agency’s protection.
When Can You Sue Child Protective Services (CPS)?
If you have a sufficient amount of evidence to prove that your child has been abused by CPS, you may have grounds to file a lawsuit against the agency to recover damages. However, that is not the only reason you can sue Child Protective Services.
You can pursue a lawsuit against CPS any time the agency or its workers violate your civil rights while visiting your home, investigating you, talking to your child, or having your child in its custody. 42 U.S. Code § 1983 provides that every individual has the right to be free from violations of their constitutional rights by government entities and government workers.
Thus, if you suspect that Child Protective Services violated your civil rights, you may be able to sue the agency for emotional distress or any other damages. However, you need to be able to present convincing evidence to prove that your rights have been violated. Your CPS lawyer can help you with collecting all the available evidence to prove your case.
The fact that a CPS worker showed up at your door to investigate a report of child abuse or neglect does not give you grounds to sue the agency unless the worker violated your rights, such as entering your home without your consent and court warrant. However, CPS caseworkers can remove children when the worker reasonably believes there is a threat of immediate harm to the child.
If you suspect that a CPS investigator did something that constitutes a violation of civil rights, do not hesitate to speak with a lawyer to discuss your legal options.
Contact a Copperas Cove CPS Lawyer to Get a Free Consultation
If you suspect child abuse by CPS or a civil rights violation during a home visit, talk to our lawyers at The Law Office of Brett H. Pritchard to determine whether or not you have grounds to sue the agency. Our CPS attorneys are committed to helping you hold the agency accountable for its wrongful or unethical conduct. We will help you gather all the available evidence to prove child abuse by CPS workers or other children under the agency’s protection.
Get a free consultation with our experienced CPS lawyers by calling (254) 220-4225.