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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 have been providing care boyfriends children for

Customer Question

I have been providing care for my boyfriends children for the past 4 years. I do not live in his home. But I do spend a lot of time there. One of the three children made a statement against me accusing that I hit his brother in the face with a hairbrush. CPS went to his home to notify him and came back to talk to the children after they were home from school. The children recanted the statements and told different stories to the cps worker. That was on Friday, One the following Monday today, They then advised that the children receive counseling, but they did not close the case. They said that they want to talk to the kids again despite the recanting and the changes in the stories. And made an appointment to do so tomorrow. How worried should I be and should I retain legal council to protect myself from these false accusations, and prejudices because I was a former drug addict. I was forthcoming with that information and also told them about the rehabilitation that I had just completed, but only seems to be held against me. How should I proceed?
Submitted: 7 months ago.
Category: Family Law
Expert:  Michael J, Esq. replied 7 months ago.
Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today. By continuing, you agree that this conversation shall not be considered legal advice and that you understand I can only comment on the law in general and not give advice on your particular situation. I'm a youth court attorney that deals with CPS so I am familiar with these situations. You're in a very tricky situation. I'm also a criminal defense attorney, and if you went to me with this question, I would advise you to not say anything to anyone and have an attorney present with you whenever CPS is there. As a youth court attorney, however, I know that it's not that cut and dry and that refusing to do anything until an attorney is present can actually hurt you. This is because any "barriers" you place between CPS and the "best interests of the children" will make you look bad. For instance, if CPS plans on working with you, wants a drug test, but you refuse until an attorney is there and advises you, CPS may say you're being uncooperative and "denied the drug test" when you really didn't. Since this is very tricky, I STRONGLY suggest you contact an attorney, but it must be one that deals with CPS in these cases and understands criminal law AND how CPS and the youth court system works. That attorney will be able to advise you on what to do. To find someone like this, you can often call the courts and ask them if they have a public defender type attorney that deals with child and family cases. Otherwise, ask around town for referrals or call your state bar association for a referral. I hope this helps! If you valued my time, please consider rating me positively at the top of the page. Experts don't get credit for our answers until you do. If you have further questions, please continue to ask them until you're completely satisfied.DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.
Customer: replied 7 months ago.
should I go to the meeting tomorrow or should I breakup and stay away from them
Expert:  Michael J, Esq. replied 7 months ago.
As mentioned, I can't really tell you that. You need to speak to a local attorney who can tell you whether it's worth disobeying them; someone who knows the how things go locally. I strongly recommend doing that before you make any decision.