Fighting Child Protective Services (CPS) cases can be a daunting task for parents or caregivers in Tennessee. CPS cases can be initiated for a variety of reasons, including allegations of abuse, neglect, or other factors that may put a child’s safety or well-being at risk. When a CPS case is opened, the Tennessee Department of Children’s Services (DCS) will conduct an investigation to determine whether any action needs to be taken to protect the child.
If you are involved in a CPS case in Tennessee, it is important to understand your legal rights and options. Hiring an experienced lawyer who specializes in fighting CPS cases can help ensure that your rights are protected and that you have the best possible chance of achieving a positive outcome in your case.
Common CPS Cases in Tennessee
CPS cases can take many forms, but some of the most common types of cases in Tennessee include:
- Investigations of child abuse or neglect: CPS may initiate an investigation if they receive a report alleging that a child is being abused or neglected. During an investigation, CPS will interview the child, parents, and any other individuals who may have information about the situation.
- Termination of parental rights: If CPS determines that a child is at risk of harm, they may seek to terminate the parental rights of the child’s parents or caregivers. This can result in the child being placed in foster care or up for adoption.
- Custody and visitation disputes: If a child is removed from their home by CPS, parents or caregivers may seek custody or visitation rights through the court system.
- Foster care placements: If a child is removed from their home by CPS, they may be placed in foster care. Parents or caregivers may seek to have the child placed in a specific foster home or may seek to have the child returned to their care.
- Adoptions: If a child is removed from their home by CPS and the parental rights of the child’s parents or caregivers are terminated, the child may be placed up for adoption. Individuals may seek to adopt the child through the court system.
Services Provided by Lawyers who Fight CPS Cases in Tennessee
Lawyers who specialize in fighting CPS cases in Tennessee can provide a wide range of legal services to parents or caregivers involved in CPS cases. Some of the services they may provide include:
- Representation during investigations: If CPS is conducting an investigation into allegations of abuse or neglect, a lawyer can provide representation and advocacy for parents or caregivers throughout the process.
- Legal counsel during court proceedings: If a CPS case involves court proceedings, a lawyer can provide legal counsel and representation to parents or caregivers throughout the process.
- Negotiation with CPS and other parties: Lawyers can negotiate with CPS and other parties involved in the case, such as foster parents, to achieve a positive outcome for their clients.
- Preparation of legal documents: Lawyers can prepare legal documents such as petitions, motions, and briefs on behalf of their clients.
- Advocacy for parental rights: Lawyers can advocate for the parental rights of their clients and help ensure that their clients’ rights are protected throughout the CPS case.
How to Find a Lawyer who Fights CPS Cases in Tennessee
If you are involved in a CPS case in Tennessee and need legal representation, there are several ways to find a qualified lawyer who specializes in fighting CPS cases. One option is to use online legal directories or search engines to find lawyers who practice in this area of law in Tennessee.
Another option is to contact the Tennessee Bar Association’s Lawyer Referral Service. This service can connect you with qualified lawyers in your area who specialize in fighting CPS cases. You can also ask for referrals from friends, family members, or other professionals who may have experience working with lawyers in this area of law.
In Tennessee, if a parent is accused of abuse or neglect of their child, the Department of Children’s Services (DCS) may become involved. DCS is responsible for investigating allegations of abuse or neglect and determining whether or not a child is safe in their current environment. If DCS determines that a child is in danger, they may remove the child from the home and place them in foster care or with a relative.
When a child is removed from the home, the parent(s) have the right to request a hearing within 15 days. This hearing is called a preliminary hearing and is an opportunity for the parent(s) to contest the removal of their child. At the preliminary hearing, the judge will determine whether or not there is probable cause to believe that the child is in danger and should remain in state custody. If the judge determines that the child should remain in state custody, a second hearing will be scheduled within 60 days. This second hearing is called the adjudicatory hearing.
The adjudicatory hearing is similar to a trial in that evidence is presented and witnesses may testify. The judge will determine whether or not the child has been abused or neglected and if the child should remain in state custody or be returned to the parent(s). If the judge determines that the child should remain in state custody, a dispositional hearing will be scheduled within 30 days.
At the dispositional hearing, the judge will determine what services are needed for the parent(s) to be reunified with their child. The services may include counseling, drug treatment, parenting classes, or other services as deemed necessary. The parent(s) will be given a case plan outlining the services they need to complete in order to have their child returned to their custody.
Throughout the process, it is important for the parent(s) to have legal representation. A lawyer who specializes in fighting CPS cases can help the parent(s) understand the process and their rights. The lawyer can also help the parent(s) prepare for the hearings, present evidence, and cross-examine witnesses.
Top 10 Lawyers that Fight CPS Cases in Tennessee
Here are some lawyers in Tennessee who specialize in fighting CPS cases:
- James R. Owen, Jr. – Located in Nashville, James R. Owen, Jr. has been practicing law for over 20 years and specializes in child welfare cases.
- Karla C. Miller – Based in Nashville, Karla C. Miller has over 15 years of experience representing parents in child welfare cases.
- Mark Chalos – Located in Nashville, Mark Chalos has over 25 years of experience and is known for his work in child welfare cases.
- Eddie Schmidt – Based in Knoxville, Eddie Schmidt has over 20 years of experience and focuses on helping parents fight CPS cases.
- Sarah K. Sheppeard – Located in Nashville, Sarah K. Sheppeard has over 10 years of experience and focuses on child welfare cases.
- Melynda S. Price – Based in Memphis, Melynda S. Price has over 20 years of experience and is known for her work in child welfare cases.
- Valerie L. Epstein – Located in Nashville, Valerie L. Epstein has over 30 years of experience and specializes in child welfare cases.
- Tammy R. Webb – Based in Knoxville, Tammy R. Webb has over 10 years of experience and focuses on helping parents fight CPS cases.
- William Stover – Located in Nashville, William Stover has over 15 years of experience and specializes in child welfare cases.
- Rachel Ralston Mancl – Based in Murfreesboro, Rachel Ralston Mancl has over 10 years of experience and focuses on helping parents fight CPS cases.
Another factor that can influence a parent’s ability to successfully fight a CPS case in Tennessee is the level of cooperation they exhibit with the agency. Parents who are seen as uncooperative or hostile towards CPS workers may find it more difficult to regain custody of their children. On the other hand, parents who are able to demonstrate a willingness to work with the agency and comply with its requests may have an easier time resolving their case.
It is important to note that while CPS cases can be complex and emotionally challenging, there are resources available to parents who find themselves in these situations. For example, in Tennessee, parents who are facing a CPS case have the right to legal representation. A skilled attorney can help guide parents through the legal process, advocate for their rights, and work towards a positive outcome for their family.
In addition to legal representation, there are a number of other resources available to parents in Tennessee who are facing a CPS case. These may include counseling or therapy services, substance abuse treatment programs, parenting classes, and more. By taking advantage of these resources and working closely with their attorney and the CPS agency, parents may be able to successfully navigate their case and reunite with their children.
In conclusion, CPS cases in Tennessee can be complex and emotionally challenging for all parties involved. However, with the right resources and support, parents can work towards resolving their case and reuniting with their children. It is important to seek legal representation and utilize available resources in order to achieve the best possible outcome for the family.