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You can also inform CPS that you will speak to them when you have contacted your lawyer and your lawyer is present. Serving Elkins, Parsons, Davis, Philippi, Belington, Buckhannon, Weston, Clarksburg, Fairmont, Morgantown, Martinsburg, & All of West Virginia, 2021 All Rights Reserved | Privacy Policy. DHHR will develop a family case plan if the respondent gets an improvement period. If CPS receives this order, CPS must file an abuse and neglect petition within 48 hours. If you are a relative or non-custodial parent of a child who is in an abuse and neglect case and have questions, or if you are a neighbor who witnessed child abuse and neglect and have questions, you can contact Legal Aid toapply for help. You are not the first family this has happened to! The judge determines what needs to be done to give the child a permanent home. If you choose to be vegan, or follow some other diet, so long as your child is developing within medical norms, CPS can not investigate you for following that diet. To reach our office please use either: When Can I Seek Custody of My Grandchild? To request assistance, contact the HHR Specialist at WV DHHR Children and Adult Services (304) 558-0955. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. Child Protective Services is provided to families when children are abused or neglected by their parents, guardians or custodians responsible for the care of the children. Call Isner Law Office right away (304) 636-7681. There are several reasons CPS can take your child away, and fetal exposure to alcohol or illegal drugs is near the top of the list. 6 0 obj There is also high turnover because caseloads . Even if the child is not placed with you, you should stay in contact with the DHHR worker throughout the process. So think before letting a CPS worker into your home without a warrant. However, should allegations of child abuse and/or neglect arise in the family court proceedings, then the matter shall proceed in compliance with Rule 3a. You can also report child abuse and neglect to your local police department. If the Department is a petitioner, the petition may also be filed where the alleged abuse and/or neglect occurred, where the custodial respondent or one of the other respondents resides, or to the judge of the court in vacation. endobj The testimony of the child witness shall be taken in any room, separate and apart from the courtroom, from which testimony of the child witness can be transmitted to the courtroom by means of live, one-way, closed-circuit television. CPS Manual | Child Protective Services | Office of Children and Family Contesting Removal This suit challenged the practice of New York's City's Administration for Children's Services of removing the children of battered mothers solely because the children saw their mothers being beaten by husbands or boyfriends. You have the right to refuse to undergo any examination by a physician, psychologist, or psychiatrist ordered by a circuit judge or any other party. This online manual is available as a PDF. What CPS Can And Cannot Legally Do During Investigations This notification letter must mention that the maltreatment findings could affect your future employment, as well as your right to appeal and the process to request a grievance. Time frames prescribed in these rules shall be computed in accord with Rule 6(a) of the W.Va. Rules of Civil Procedure. As with all CPS interventions, CPS must inform you of your rights related to accepting and cooperating with any proposed In-Home Safety Plan, as well as any alternatives or consequences. Child welfare officials said the bulk of children were removed due to parental substance abuse and neglect.