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

Lynnwood, WA Viewed 426 times. Posted about 1 year ago in Family

Fighting CPS....Please Help!!!: 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?

Answers (2)

Jeffrey Patrick Bassett

This attorney is licensed in Washington and 1 other state. Posted about 1 year ago.

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.

scooterxy (law student)

Posted 9 months ago.

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.