Facing allegations of child abuse from Child Protective Services, commonly referred to as CPS, is always a difficult time for families. When the accused believes the allegations are false or exaggerated, this is especially true and it is very difficult for many people to maintain a good attitude about having to answer to CPS. In some cases, allegations by CPS can lead to the Department of Human Services filing a petition to terminate parental rights. Parents facing termination of parental rights need the best lawyer they can afford as the stakes are higher in these cases than any other.
In October 2013, a Court in Spokane, Washington determined that a mother’s parental rights could not be terminated for the way she acted towards state child-care agents. The state sought termination after she exhibited a bad attitude. The allegations of abuse arose in 2008, when the mother handed her two-year old son to his uncle so he could hold him while she cooked. The uncle then proceeded to hold the boy over the second story balcony by one leg. The court documents show that the mother of the child realized what was happening and intervened immediately. However, a neighbor saw the events unfold, and contacted CPS to report the incident. The two-year old boy was then removed from his mother's home and CPS brought a petition to terminate the parental rights of the mother. During the course of litigation, the mother underwent counseling, and also had visitation with her son. The reports on her counseling and visits with her son proved her to be a fit parent, but CPS continued to push to have her rights terminated because she was "hostile" and "belligerent" while dealing with them. The mother's rights were eventually terminated, but on appeal, her rights were reinstated. The moral of the story became that when dealing with CPS, you do not have to do it with a smile.
The Smith Blythe, PC handles many termination of parental rights cases. Many of our cases involve allegations of criminal sexual conduct or major child abuse, shaken baby syndrome and other accidental injuries that CPS believes were intentional child abuse. We believe that by having the right attitude with CPS makes a world of difference — and no, we do not recommend that clients act hostile or belligerent to the agency. This kind of behavior does not help in these cases and usually only prolongs them. We have had tremendous success in our approach and have reunified many parents with their children. If you or someone you love is facing termination of parental rights, please call our office right away to set up a consultation.