Generally, however, you can have a case dismissed “without prejudice” for the following reasons: The case is partially settled. This will help you if you need to report an unethical CPS worker or take legal action against the Department of Family Services. If your case is dismissed, call a lawyer to go over your complaint to find out your legal options. They will swear an oath that it was done. Within a week, we located a procedural issue that led to the District Judge granting our Motion to Dismiss. The very next morning the CPS caseworker went and filed another case and the judge approved it. Reporters with multiple false reports can face even harsher penalties. Clients must understand everything a social worker is asking and telling them. Your CPS social worker should only have a strictly professional relationship with your case. Get photocopies of the regulations that are violated. In others, however, all records are maintained, regardless of the outcome of the investigation. If an accused criminal wishes to get the charges dismissed, she must be able to show the DA that it is unlikely that the case will result in a conviction. When CPS opens an investigation on your family, that fear suddenly comes to life. And, during that proceeding, you or your lawyer has the right to cross-examine the witnesses called to testify by CPS, testify yourself, and present your own witnesses and … The Bright case drew statewide attention and raised concerns about the process CPS follows after receiving a report of abuse from a child abuse pediatrician, a small but growing medical subspecialty. If you have proof that the CPS worked filed a false instrument, then let your attorney know immediately. First, let us look at the expungement of a charge that was dismissed following the completion of a deferred sentence. Fourth Amendment violations – as a US citizen, you’re protected against unlawful searches and … Or, perhaps new evidence is found which undercuts the prosecution's case against the defendant. Godboldo still doesn't have her daughter back, but I suspect that will happen in due course. Different states have varying rules, so start by visiting the website of the Child Protective Services division for your state. I am good except 3 years ago CPS was called on me for false allegations pending a divorce. Reporters who do make false claims or claims in “bad faith” can face serious consequences. A false report could be made about a family “starving” their children when the family is actually just practicing a religious custom. Here are 3 possible grounds your attorney might be able to use to seek a dismissal in your case. If you get a cell phone ticket, you face fines as well as points on your license. A dismissed case is not likely to show up on a normal criminal background check. For example, you might begin to get emotional, so the social worker touches your arm. When someone contacts the SCR about a case of suspected abuse or maltreatment, a report is generated and sent to Child Protective Services (CPS). This is when the help of a lawyer may be useful. If there is a conflict of interest, you and your CPS social worker must decide on an agreed resolution, even if that means re-assigning your case to another social worker. Reporters should not attempt to investigate their suspicions and claims on their own, as this could compromise an investigation. To get the case record of the investigation against you, you'll have to contact CPS. Although this law does help more children by protecting the witnesses, it does open more windows for frivolous claims. Child Protective Services (CPS) and Dependency Actions Authored By: Northwest Justice Project Read this in: Spanish / Español Russian / Pусский. 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