Expert Advice When You Need It Most

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

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?

Save

Attorney answers (1)

Reputation Level 14
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.
1 person marked this answer as good

Other answers (1)

No photo

scooterxy

You have to go file a appeal with head of cps of the county you live. If they refuse to grant your appeal. You write a letter to Olympia to the office of adminstrative hearings bulding. within 30 days of the deniled appeal by cps. You will get a letter back from olympia. Your nearest OAH building is in Seattle. Get a LAYER!!!!!!!! to represent you for the OAH court date.
2 people marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now