Understanding the Parent’s Rights and Responsibilities

Typically, when child protective services become involved in a situation, the court system will be brought in as well. Often children are removed from the home or at risk for removal and the court will intervene to determine the best path forward. In most states, if a child welfare case requires court involvement it will come before juvenile or family courts. While the court experience can seem intimidating or overwhelming, proper legal representation can help ease the burden.

What are a parent’s rights?

When a parent, or caregiver, is contacted by child protective services (CPS) because of alleged child abuse or neglect, they will be asked to answer questions and attend a court hearing to determine the best course of action. The court is responsible for the decision of if the child will stay in the home or be removed. As a parent, it is important to remember that you do have rights while the allegations are being investigated. While child welfare laws vary by state there are a few things that are standard across the board. Many courts can offer an alternative to traditional court proceedings through mediation sessions. Your rights as a parent are the right to notice, the right to a hearing and the right to appeal decisions. You have the right to know why you are being investigated. You also have the right to suggest a relative or other placement if your child cannot remain in your care. And you can appeal any decisions the court makes within a given timeframe.

What are a parent’s responsibilities?

Your responsibilities include asking questions to help understand your role better, including advice from those who have been in a similar situation. You also have the responsibility to attend all appointments and court hearings. Cooperating with the case plan you have developed with your legal representation is vital to overcoming any difficulties ahead.

It is important to have legal representation that is versed in your local and state laws. It’s imperative that you communicate honestly and openly and that you put your best foot forward in your appearance, mindset, and actions.