Our Practice Areas

DSS/Foster Care

The world of Child Protective Services (aka CPS, DSS, DHHS or DCFS in other states), all means the same thing: state intervention over children. But when does this happen, and better yet, why does it happen?

CPS does not patrol streets, apartments, or homes looking for issues to intervene on. They rely on reports from community members, neighbors, teachers, doctors, and police officers to identify children at risk of abuse, neglect, and dependency. In North Carolina, every citizen is a mandatory reporter. Meaning that if you suspect a child is at risk of abuse or neglect, you need to make a call. But notice the operative word here: “suspect.” That means the reporter is not required to confirm the neglect or abuse. They are not required to speak to the parents. They are only asked to make a phone call.

That very phone call can spin families on their heads. Some families will go down the route of investigation, and their case will be closed; no further involvement. Others, will run the gauntlet of CPS and very well could end up in Abuse/Neglect/Dependency Court. This is where children are in foster care, and the Court has become involved and looking to ensure the parents involved address the concerning safety risks. This court room is starkly different than traditional custody courts. This court focused on case progress, deadlines consistent with federal law, and the constant question of “risk of harm.” If parents do not make adequate progress to address the areas of concern, they could ultimately find themselves in a situation where they could lose their parental rights and any future contact with their child.

The key to these cases is early advocacy and knowing your way through the system. If you can do both, families stand a much stronger chance of staying together. If your family finds yourself dealing with CPS and not sure what you can or cannot do, or simply want to understand what that safety plan really means, give us a call today.