Maryland Child Protective Services (CPS) Lawyer

Maryland Child Protective Services (CPS) Attorney

Being contacted by Child Protective Services (CPS) can understandably bring feelings of concern and nervousness. However, a Maryland Child Protective Services (CPS) lawyer can help you navigate the encounters with more ease. CPS allegations can lead to numerous consequences, including the removal of children and the loss of parental rights. At the Law Offices of Todd K. Mohink, PA, we can assist you so that your rights are protected.

Why Choose Us?

An investigation by Child Protective Services (CPS) can be terrifying and invasive, and we at the Law Offices of Todd K. Mohink, PA, are aware of this. With decades of experience in Maryland criminal and family law, our team offers knowledgeable, caring representation designed to uphold your parental rights and speed up your CPS cases.

We make sure you and your family are supported at every stage by combining legal accuracy with in-depth knowledge of regional courts, agencies, and processes.

Understanding CPS Investigation in Maryland

CPS operates as a part of the Maryland Department of Human Services. Their primary task is to respond to issues of abuse and neglect of children. In 2021, CPS received over 74,000 referrals for child mistreatment in Maryland. Of these, about 35,298 required additional investigation.

However, in the same year, 14,746 were recommended to have an alternative response, usually meaning there was a low risk of abuse and neglect, so a plan was made to improve living conditions for the child before an official CPS investigation was conducted. This plan is usually made between the family and the caseworker.

CPS investigations are often initiated by teachers, neighbors, or doctors. Many of them have also started anonymously. CPS is obligated to investigate reports. If the report is serious, they must respond immediately. They must usually respond within days for less serious reports.

During the investigation, numerous people may be interviewed, including the child, the parents, the child’s teacher, neighbors, and close family members, without notice. Investigators may make home visits and request to see important relevant records, such as medical or school records.

Possible CPS Investigation Outcomes

After an investigation is conducted, a range of outcomes can occur. These can range from being unsubstantiated, meaning that there was no evidence found, to “indicated,” meaning that there was credible evidence found of neglect and abuse. If evidence is found, this can have serious implications for your life.

You may have restricted custody or visitation rights. In extreme cases, your time with your child may be revoked. You may also be required to participate in classes or relevant services. You may be allowed to appeal the outcomes, but time is of the essence. You typically only have a limited amount of time to do so.

Defending Against CPS Allegations

Not every CPS case comes from malicious or neglectful intent. Sometimes, actions can be misconstrued or misinterpreted, and a person believes abuse or neglect is occurring. For instance, letting a child play unsupervised or going through a temporary hardship may appear neglectful to others.

Additionally, sometimes false allegations are made in contentious situations, such as bitter divorces and child custody battles so that one party can more easily get what they want.

A Maryland CPS lawyer may use several defenses to defend you against CPS allegations. One common defense is that the accusation does not count as abuse or neglect. An attorney may also have supporting evidence that supports a lack of abuse or neglect, such as medical records and psychological evaluations.

A lawyer may also give evidence of a safe home life and a nurturing environment. They may challenge the reporter’s credibility if they can find evidence to support their claim. If you are falsely accused, an attorney may use evidence of an ulterior motive, such as proof of custody disputes. Defenses are tailored to the specifics of the case.

There are several local resources that can help in CPS-related cases, including the Anne Arundel County Department of Social Services.

FAQs About Maryland Child Protective Services Law

How Do I File a Complaint Against CPS in Maryland?

To file a complaint against Child Protective Services (CPS) in Maryland, first call your local Department of Social Services and speak with a supervisor. If the matter remains unresolved, you have the option to file a formal complaint with the Maryland Department of Human Services. Make sure you record every conversation and preserve copies of all letters for your files.

Can I File a Claim Against CPS for Emotional Distress?

Government immunity makes it difficult to bring a case against CPS for emotional anguish. You may, however, have a case if CPS’s actions infringed upon your constitutional rights, such as removing a child illegally without following the proper procedures. Seeking advice from a skilled lawyer is crucial to assessing the strength of your case.

Can a Lawyer Stop a CPS Investigation?

Although a lawyer cannot completely stop a CPS investigation, they can have a big impact on how it goes. An attorney can help you understand your rights, speak with CPS on your behalf, and make sure the investigation follows the law. Their participation could protect your interests and possibly result in a better conclusion.

Can You Get a Lawyer Against CPS?

You may get a lawyer against CPS, as you have a right to legal representation. Throughout the investigation, you can get advice, have your rights upheld, and have an advocate on your side by hiring a lawyer with experience in family law or CPS issues. Be sure to speak openly with your attorney so they have all the facts. This can help them build the most appropriate defense for you.

Maryland Child Protective Services (CPS) Lawyer

Do not hesitate to defend your family’s rights if you are the subject of a CPS investigation in Maryland. Throughout Anne Arundel County and beyond, The Law Offices of Todd K. Mohink, PA, offer skilled legal assistance, including representation in the Annapolis Circuit Court and Glen Burnie District Court.

We understand how to handle CPS procedures and are acquainted with regional organizations such as the Department of Social Services. Contact us today for a consultation.