How can I appeal contest a finding by child protective services that is incorrect under WA state law

Asked almost 6 years ago - Lynnwood, WA

I am in a Shelter care status with CPS. My youngest daughter became seriously ill on Jan 21st. Since birth she has run fever and had stomach problems. Now that she almost died from a gastric rupture, CPS is accusing me of Abuse and took all 6 of my children that same night of hell when my baby would've died if I had not called 911. Since all of this has started, CPS has not braught her past med history to the table and have only lied about her having injuries that are false. It has been 9months now and I have not been charged criminally but Cps is pressuring and threatening a Dependencey, but I will not sign....I am innocent, what do I do?

Attorney answers (1)

  1. Jeffrey Patrick Bassett

    Contributor Level 14

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    Lawyer agrees

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    Answered . Bottom line: set it for a dependency adjudication hearing. It's not a criminal hearing, so the burden of proof on the state is lower (i.e., not "beyond reasonable doubt", but instead, for dependency, "preponderance of the evidence"). In the meantime, a suggestion: regardless of whether you intend to fight it, you may wish to find out what tasks the state wants in order for you to be reunified and consider doing them. It's voluntary if not court ordered, and does not impinge on your ability to fight the allegations placed against you, but can, instead, lead to earlier reunification IF the court finds the children dependent.

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