A CPS lawyer cost typically ranging from $1,000 to $10,000 or more for legal representation and can vary greatly depending on factors such as location, complexity of the case, and the attorney’s experience. CPS (Child Protective Services) cases can be complex and emotionally challenging, requiring the expertise of a qualified lawyer. Let’s explore about CPS, its intensity and the average cost of hiring a CPS lawyer based on different fee structures.
What Is CPS?
Child Protective Services (CPS) is a local governmental entity. Depending on your local governmental structure, the state, county, or local law enforcement may oversee CPS.
CPS sometimes goes by other names depending on the jurisdiction, such as the Department of Child and Family Services (DCFS) or the Department of Social Services (DSS). Regardless of the agency’s title, its goal is to work toward child protection and welfare while keeping families together, if possible.
In cases of abuse or neglect, CPS develops and executes plans to remove the child from the situation and place them in alternative care, whether temporarily or long-term. In a case involving allegations of neglect or child abuse, CPS takes quick action.
When Child Protective Services has been called into your family situation, it can feel like you are being charged with a crime. The truth is, a child abuse or neglect is not a criminal proceeding, it’s a civil proceeding in a family law court.
However, the consequences can be at least as severe as a criminal conviction. You can lose your children. You do not have to face a CPS hearing alone. You have a right to have a lawyer on your side. If your children have been removed from your home, contact our family law attorney.
When does CPS get involved?
There are many reasons why CPS get involved or a child may be taken away from their parents by child protective services. Some of the most common causes include:
Child Abuse or Neglect: The state may step in to protect the child if a child is being abused or neglected.
Abandonment: If a parent has abandoned their child, the state may assume guardianship of the child.
Substance abuse: If a parent struggles with substance abuse, the state may remove the child from the home to ensure their safety.
Mental health issues: If a parent is dealing with mental health issues, the state may remove the child from the home to ensure their safety.
What factors affect the cost of a Child Protective Services case?
No two Child Protective Services (CPS) cases are the same, so it’s hard to conclusively and definitively say how much it will cost you to defend yourself in a CPS case. If your right to parent your child is at risk because of a CPS investigation, you’ll certainly want to do whatever you can to keep from losing.
Complexity of Case
First of all, the nature of the allegations will factor in to the complexity of the case, and therefore how intensely it will involve your lawyer. If the allegations are severe enough to merit an emergency removal, as opposed to just an investigation, it will be more challenging and typically take more hours for your legal team to successfully advocate on your behalf.
Experience and reputation of the lawyer
The experience and reputation of the CPS lawyer you choose can also affect the cost of their services. Highly experienced lawyers with a proven track record of successful outcomes may charge higher fees due to their expertise. While an experienced lawyer may come with a higher price tag, their knowledge of CPS laws and courtroom strategies can potentially provide you with better defense and improved chances of achieving a favorable outcome.
Criminal Charges
It’s also possible that a case could involve addressing criminal charges as well as whatever CPS brings forward. Depending on the nature and severity of the criminal charges, it can add significant time and cost to defend against those. Obviously, if the defense against the criminal charges isn’t successful, or if there’s a plea bargain requiring jail time, it complicates the reunification plan considerably. But even if a criminal defense is successful, it adds to the CPS side of the workload.
What Happens at a CPS Abuse or Neglect Hearing?
Typically, Child Protective Services becomes involved with a family because someone has notified the department about suspected physical abuse, sexual abuse, lack of food, unsanitary conditions in a home, extreme disciplinary measures being taken against a child, or family violence.
Working with the district attorney (DA), Child Protective Services then files a complaint against you with a family law judge. The state must show probable cause that your children are in imminent danger in order to remove them from your home. If the state cannot do so and your children were removed from your home unfairly, your children will be returned. However, even if CPS returns your children, you may still be required to correct any issues that are putting your children in harm’s way.
If the state succeeds in showing that your children are in imminent danger, your children will be put in foster care until you are able to see to their care. In that case, your case will go to a hearing before a judge who will make a decision about what you need to do to get your children returned to you, or (more rarely) whether to terminate your parental rights.
How much does a CPS lawyer cost?
When dealing with child protective services (CPS) matters, hiring a CPS lawyer is crucial, but it comes with a cost. Understanding the average cost of hiring a CPS lawyer can help you prepare financially for legal representation. Various factors impact the fees, including the attorney’s experience, the complexity of the case, and the geographical location.
Hourly Rate
The hourly rate for CPS lawyers can vary significantly, typically ranging from $100 to $500 per hour. The exact rate depends on the lawyer’s experience, location, and the specifics of your case.
Flat Fee
Alternatively, some CPS lawyers may offer their services for a flat fee. This fee structure involves paying a single, predetermined amount for the lawyer’s services throughout the entire case. The flat fee for CPS legal representation can range from $1,500 to $5,000 or more, based on the complexity of the case and the scope of legal services provided.
Retainer Fee
Many CPS lawyers require clients to pay a retainer fee upfront. This fee serves as an advance payment for the lawyer’s services, with the attorney drawing from it as work is completed. Retainer fees for CPS lawyers commonly range from $2,000 to $7,000.
Additional expenses associated with CPS cases
When facing a child protective services (CPS) case, it’s important to understand that legal fees are not the only expenses you will incur. Several additional costs can arise throughout the process. Being aware of these expenses ahead of time can help you prepare financially for your CPS case.
Court Filing Fees
Court filing fees are an unavoidable expense when it comes to CPS cases. These fees cover the administrative costs associated with filing legal documents and initiating court proceedings.
In addition to the initial filing fees, there may be additional fees throughout the process. For example, you may have to pay fees for motions, subpoenas, or any other legal documents required for your case.
Expert Witness Fees
In some CPS cases, expert witnesses may be necessary to provide professional opinions and testimony regarding specific issues related to your case. Expert witness fees can vary significantly depending on the qualifications and experience of the professionals involved.
Investigation Costs
Investigation costs are another significant expense that can arise during CPS cases. These costs may include hiring a private investigator, conducting background checks, or gathering evidence to support your defense. The extent of the investigation required will depend on the complexity of your case and the specific circumstances involved.
Consequences Of Not Having a CPS Lawyer
Several consequences can arise if you do not have a CPS lawyer. Here are some of the most common issues that arise from those who do not have adequate legal representation:
- You may not be able to present your case effectively: To present your case in the best light possible and increase the chances of a positive outcome, you need to articulate yourself well and clearly understand the law.
- The other side will have an advantage: If you are up against someone with a District law attorney, they will have a significant advantage. The lawyer will be able to poke holes in your argument and present their own case in a much more compelling way.
- You could lose child custody: One of the main goals of the hiring a CPS lawyer is to protect children from abusive or neglectful situations. If you do not have a lawyer, it will be much harder to prove that you are fit to care for your child and the court may rule against you.
- You could be fined or imprisoned: If you are found guilty of child abuse or neglect, you could face serious penalties, including fines and even imprisonment. You will have a harder time fighting these charges without a lawyer.
What to do if my child has been taken from me
When your child is taken from you, it may seem like the end of the world. But it’s important to remember that you still have rights and there are things you can do to try to get your child back.
Get in touch with a CPS Lawyer: CPS cases are complex and challenging to navigate without legal assistance. A lawyer will be able to help you understand the charges against you, the evidence that will be used against you, and the best way to defend yourself.
Gather evidence: If you have evidence that contradicts the claims of abuse or neglect, collect it and bring it to your lawyer. This could include medical records, text messages, or witness statements.
Be prepared for court: Once your case goes to court, you must present your defense before a judge. This can be a daunting task, but your lawyer will be able to help you prepare and make sure you are ready for anything that comes your way.
Fight for custody: If you are found guilty of abuse or neglect, you could lose custody of your child. But if you have a strong defense, it may be possible to retain custody or get visitation rights. Your lawyer will be able to help you fight for the best possible outcome in your case.
Appeal the decision: If you are not happy with the outcome of your case, you have the right to appeal. Your lawyer can help you navigate the appeals process and give you the best chance of success.
Conclusion
The cost of hiring a CPS lawyer can vary depending on several factors, including the complexity of the case and the lawyer’s experience. It’s important to understand your case, the charges call against you, to consider the potential long-term consequences and to hire a CPS lawyer to value the protection of your family. Researching and understanding the costs involved can help you make an informed decision.
FAQs
How Does CPS Work?
When CPS is informed of alleged child abuse or child neglect, their Emergency Response staff investigates to determine if the allegations require an in-person response and potential intervention. If ongoing intervention or services are required, then CPS will either; Develop a plan for the child to remain with their family and provide necessary services to ensure the child remains safe at home; or Remove the child from their family and place him or her in foster care consistent with the child’s best interests.
How CPS case investigation occur?
Typically, an investigator is enlisted to determine whether or not the report is credible. They may question people you regularly interact with, such as; Your Child / Children, The Parents, Any Teachers or Daycare Workers, The Doctor, Relatives, Friends, Neighbors
If CPS has found no reason to believe the report, they will inform the parents and close the case. If there is a suspicion that abuse has occurred, CPS will proceed with the case.
What Happens When CPS Is Called?
Dealing with the CPS is intimidating. It is important not to do it on your own. The faster you enlist the help of a capable Southern California CPS attorney from the Edgar & Dow, the faster we can begin to represent your case and work to protect your rights as a parent.
Usually, a CPS case starts when a report of child abuse or neglect is made. A typical CPS case will include Investigation, Potential for Informal Supervision, Removal, and Court Hearings.
