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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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i read about CPS, this is where im confuse: CPS support family

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i read about CPS, this is where i'm confuse:
CPS support family to protect the child. In the case where mother is the one who is acused of abusing the child, how do you help the family/mother to protect child.
i thought that CPS always take the child away from family but seems like CPS is willing to eduate the family/the abusers to protect the child? this is kinda of conflicting information?
can someone draw a clear line when CPS will take the child away versue educating the family and let the child stay? thanks

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

CPS calls the training Family Based Safety Services. They offer these services in situations in which they have done an investigation and feel that the parent's parenting skills are lacking and that education would be the best next step. The children can be taken if the abuse is more severe and can't be helped or prevented by education.

Customer:

thanks

Customer:

i'm not having a problem, i just want to learn more about CPS to prepare for my talkshow

SoloLawyer :

No problem. Hopefully that website will be helpful.

Customer:

my question is, normally, if mom hits the child, will CPS take the child away? what would be their solutions?

Customer:

how does CPS monitor the progress of the abusing parent or find out that the parent is not repeating the same behavior?

SoloLawyer :

That would depend on the type of hit, if there was an injury, has it occurred in the past, etc.

Customer:

isn't that a risk of leaving the child on that household?

SoloLawyer :

Sure, I think there is always a risk in that situation. But that is what CPS is trained to do - assess the situation.

Customer:

i mean, for example, CPS determined that child was hit and decided to make mom taking course, how can CPS ind out if mom is not continueing that behavior?

SoloLawyer :

Okay, here's what happens:

SoloLawyer :

When someone is reported to CPS, a case worker is assigned. The caseworker beings the investigation. They talk to the parent, child, other siblings, inspect the home, inspect the child's person, and do many other things to get a clear picture of what the situation is like.

SoloLawyer :

The caseworker then decides:

SoloLawyer :

  • abuse or neglect occurred;

  • the child is safe; and

  • the child is at further risk of abuse or neglect.

SoloLawyer :

IF they make the determination that the child is at further risk, they can decide to take the child out of the home and/or give the education classes.

Customer:

who has a duty to report?

Customer:

does teacher has a more special duty and will be punished more severe for failing to report?

Customer:

and the rest of the non-professional has a duty but do not have to report? and will not be punished?

SoloLawyer :

Each state has their own laws. Generally, teachers, social workers, psychologists, and other professionals in positions of trust have duties to report.

Customer:

thanks so muhc, i appreciate your help, one last question;

Customer:

i guess CPS is not always there to punish parents, sometimes they are there to help parents to become better parents.

SoloLawyer :

There are there to protect the child. Children need their parents. If they can help the parents be better parents, they do. The kids are the priority.

Customer:

thanks you. i have no further question

Michael J, Esq. and 3 other Family Law Specialists are ready to help you

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