How do I get my CPS case dismissed in PA?

0 votes
asked Sep 10, 2022 in Government by LVCBrooke (840 points)
How do I get my CPS case dismissed in PA?

1 Answer

0 votes
answered Sep 28, 2022 by JaredMCQ (3,760 points)
To get your CPS case dismissed in PA you'll have to go to court and prove that the allegations against you are not true.

It would be good to hire a family attorney that deals with CPS cases to help you win the CPS case and get it dismissed.

When you go to court for CPS you should show up dressed nice and present yourself in the best possible way.

However in some cases CPS may not even take you to court if they find no cause to do so.

Sometimes a CPS worker may show up to investigate allegations and then dismiss the case when they see nothing wrong.

CPS can take your child or children if they see an immediate threat although if CPS does not see an immediate threat or witness the child being harmed they cannot simply take the child away.

CPS cannot also force entry into your home without a warrant and they cannot force the child to talk to them without a court order.

You have every right to be there with the child when they are talking to them unless they have a court order saying you're not allowed too be there with them.

CPS can show up at any time day or night and they do so without notifying you beforehand to catch you off guard.

At night and other odd times the CPS figures that you're home so that's why they tend to show up during those times.

But if CPS showed up at my door I would not even answer the door because at night I don't like to be disturbed and they can come back the next day.

The CPS can also show up on weekends and sometimes holidays because I remember one time CPS showed up at a neighbors house on Christmas day.

I didn't think they worked on that day and it was a surprise but they did although the neighbor told them to leave and didn't let them in.

When the child is at school the cps doesn't need your permission to speak with your child and they can speak with your child at anytime as long as they are not at your house.

If they come to your house they need your permission to talk to the child unless they have a warrant.

But at school they can freely talk to the child.

CPS can talk to your child without you being there but they cannot force you to stay away while they talk to the child.

Such as they can't show up at your house and demand they talk to the child alone.

You can let the child talk alone to the CPS worker but you should not do so because if you're not doing anything wrong they can get the child to say things they didn't really mean to say.

Unless the CPS has a warrant to talk to the child or a warrant to take your child then no you do not have to let CPS talk to your child.

In fact if the CPS has no warrant you should never let the CPS talk to your child especially without you being there as the CPS can get the child to say things against you even though the child doesn't mean to say something against you.

The CPS will want to twist the child's words.

If you do let the CPS talk to the child always do it outside and stand right there with them and never let the CPS intimidate you.

You have every right to be with your child while he/she is being questioned by the CPS.

For CPS Child Protective Services to take a child or children away from your home they need sufficient evidence to remove the child from your home and from your custody.

A CPS worker cannot just show up at your house without a warrant and then take the child from you.

Some CPS workers will show up with police and use the police to intimidate the parents so that they let them inside the house.

Remember though that the police officer just shows up with the CPS worker for the CPS workers protection and is not there to force entry unless they have a warrant signed by a judge.

So never let the CPS inside your home without a warrant because once you do they can and will do whatever it takes to find something to remove your child over.

It could be as simple as some dirt on your floor or your house not picked up properly.

Also never let your child go talk to the CPS worker alone because they can get the child to say things they shouldn't and when they record what the child is saying they can edit that recording and try to make it sound like the child said something against you.

Now if you're actually abusing the child in the CPS view or the polices view then they can take the child without a warrant.

But other than that if they do not have a warrant to enter your home or a warrant to take the child from you then no they cannot take your child from you without the warrant.

102,799 questions

99,099 answers

1,305 comments

7,015,693 users

...