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CPS tries to use the threat of going to court to coerce you to sign it, but what they do not tell you is that court is the BEST place you can go. Because the decision and power is taken out of CPS hands and vested in a judge, who requires a much higher burden of proof that the child should be removed.A court usually requires evidence beyond the mere evaluation of a CPS investigator.
You have to pay attention to the language that states that by signing this agreement, the parents agree to complete all services listed on the plan.Another facet of whether safety plans are voluntary is whether a fair appeals procedure exists if a child is removed due to the parent’s refusal to sign.failed partly because such parents had a 48-hour window in which to have the removal appealed; the judge deemed this to be a sufficient safeguard.Workers come equipped with an in-depth knowledge of the child welfare system and conferred status as government representatives while parents often have limited knowledge of the child welfare system and their legal rights.Moreover, the parents are dependent on the social worker’s goodwill in preparing reports on the adequacy and safety of their home.At a summer 1999 hearing, plaintiffs proved error rates of seventy-five percent of the abuse findings on appeal.
In March 2001, the district court held that defendant’s policies and practices with respect to “indicated reports” of child abuse, neglect, or both violated plaintiffs’ due process rights.
When a home is judged to be “unsafe” — that is, when a child is deemed to be in imminent danger of moderate to severe harm — then a social worker often offers the parent(s) a “safety plan” as an alternative to the immediate removal of the child.
Safety plans differ in their details depending on family circumstances, but the legal essence remains the same: rather than face what could be a permanent loss of a child, the parent “voluntarily” agrees to abide by CPS rules.
Tower clarifies, “The social worker must explain to the parents that if there is refusal to sign or follow through with an appropriate safety plan, the child or children may then be removed from the home, according to Title 89, Chapter III of agency regulations.” Houston attorney Dennis M.
Slate explained what happensafter a safety plan is signed.
One item on the CERAP checklist is “A caretaker has not, will not, or is unable to provide sufficient supervision to protect child from potentially moderate to severe harm.” In his essay “Striking a Better Balance between Child Safety and Parental Rights,” J.