If CPS were to unlawfully take a child from a parent, then that would be a violation of the parent’s and child’s constitutional rights. In order to remove a child, CPS would normally need a court order or warrant, or evidence of imminent risk of serious bodily injury which could occur in the time that it would take to get a warrant. In this day and age, it is not very difficult or time-consuming to obtain a warrant, which means almost under no circumstances should CPS be removing a child without a warrant. If someone believes that CPS has unlawfully taken their child from them, they should obtain an attorney who will help investigate the situation and file a civil rights claim if needed.
How Common Is It For Parents To Be Wrongfully Accused Of Abusing Their Child?
It’s very common for a parent to be wrongfully accused of abusing their child, primarily because the mandatory reporting laws provide absolute immunity for a mandatory reporter. In other words, if a teacher reports suspected child abuse, they would be protected under the law and for all intents and purposes would be immune from any liability, even to the extent that a fabricated claim of child abuse would be protected. Since there is no recourse for a false claim, false claims are made commonly.
How Do You Defend Clients When Signs Of Injury Mimic Abuse?
Oftentimes, signs of injury mimic those of abuse, which is why it’s important for attorneys to educate themselves on the science behind the injuries, and ensure that a factual investigation of what occurred is launched. In most cases, expert witnesses will need to provide evidence of the fact that the injury itself is consistent with an accidental injury as opposed to a non-accidental injury. However, it’s important to not just rely on experts, because the reality is that if the attorney is not invested in the investigation and the learning of the science and medicine—at least to an extent that they can communicate the principles that need to be applied for the defense—then they are not going to provide an effective presentation of the evidence and could adversely affect the case. It’s important to conduct a thorough investigation, consider the medical history of the individual, and identify physiological issues that could have made a person susceptible to the injury.
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