Virginia Child Protective Services (CPS) workers have the right to remove children from presumably dangerous home situations. CPS workers have this right under incredibly specific circumstances (circumstances we talk about in this blog,) but in this blog, we will talk about the possible outcomes of child-removal scenarios. All removal situations will end in one of the following ways: the abuser/neglecter is asked to leave home temporarily, the child is placed in the care of relatives, or the child is placed in a foster home.
Removing the Abuser
When there are two caretakers of a child, and one of them is responsible for the neglect/abuse, CPS may request the abuser’s dismissal from the home for a time. CPS believes removing the abuser from home is the best line of defense, as removing the abuser is less traumatizing for the child than removing the child from home. CPS determines how long the abuser has to leave for, and when he or she can return (unless there is a criminal charge brought against the abuser.)
Placing the Child with Relatives
Another option CPS uses to care for children removed from their homes is to place them with relatives voluntarily. CPS requests this solution when multiple caretakers are unfit to care for their child, or if the child’s home is hazardous to their health. In either case, CPS will ask caretakers if any relatives live close by, and if so, are those relatives willing to care for the child for a time. It is important to note that CPS has no obligation to place the child with relatives who are unfit for caring for the child.
Placing the Child in a Foster Home
As a last resort, CPS may take a child and place them in a Virginia foster home. In this scenario, the local department of social services is granted temporary custody of the child, deciding when it is safe to return custody to the caretakers. The child will live in the foster home until the court determines that it be safe for the child to return home.
Fighting CPS
Attorney Jerrell Johnson is well versed in the juvenile court system and CPS investigations. If you or a loved one is dealing with CPS, it is wise to hire an experienced child protective services attorney immediately.
Call (757) 447-0080 now for a free consultation concerning your CPS case!