CHILD PROTECTION

FIGHTING TO KEEP YOUR FAMILY TOGETHER

There are all types of legal proceedings that involve disputes over your children. The most obvious is divorce or child custody battles between parents. However, the Department of Child Services (DCS), commonly referred to as “CPS,” may seek to investigate you for child abuse or neglect.  

If they call you, you have the right to seek counsel and retain an attorney to guide you through the juvenile court process when DCS is involved. You have rights to your children. Don't let them be stripped from you by failing to adequately defend yourself. Without an attorney to protect your rights there are a number of ways you could lose your children altogether. These include:

• Involuntary termination of parental rights. If your child is in need of services, an attorney for the state, a court-appointed special advocate or child guardian ad litem can file to have your rights terminated.

• Child abuse allegations. Child abuse laws are set to prevent the abuse of minors through physical, emotional or sexual acts. This can include neglect, injury, sex offenses, missing children or having a child participate in an obscene performance.

As Indiana is a mandatory report law state, Prevent Child Abuse Indiana Programs Director Sandy Runkle was quoted in a 2015 interview with Fox59 in Indianapolis as saying, “You don’t have to prove anything, you don’t have to investigate anything … if you feel like some form of maltreatment or you have reason to believe some form of maltreatment is going on, then that needs to be reported.”

This leaves a broad window for life-altering allegations to be lodged against Hoosier parents and guardians who may be innocent of any wrongdoing. Allegations of child abuse not only put your business and personal relationships at risk, you could lose access to your children. While the mandatory report law can help prevent any further harm to minors at risk, it does not do much for those who never abused their children.

Without a knowledgeable attorney by your side, the alleged abuse could snowball into a horrible situation for you and your children to endure. Having an attorney by your side who understands child protection laws in Indiana is your best chance for defeating the unfounded claims of someone else.

INVOLUNTARY TERMINATION OF PARENTAL RIGHTS

If you lose your parental rights, you lose all rights and obligations to your child. Sometimes it is used as a precursor to adoption. An involuntary termination of parental rights can be brought about by the state for such reasons as:

• Physical abuse of the child or another in the household

• Sexual abuse of the child or another in the household

• Neglect of the child or another in the household

• Failure to support the child

• Long-term felony imprisonment of the child’s parent

• The child remaining in foster care for an extended period of time

Indiana law has allowed for a number of ways for parents to lose their children, but you are not powerless in this situation. Defending yourself against losing your rights to your children will require the help of a knowledgeable Indiana child protection attorney.

Allen Lidy helps keep deserving Hoosier families together in matters of:

• Child abuse allegations

• CPS cases

• Removal of children

There’s no reason you should fear losing what is most precious to you without putting up a fight. Call Indiana attorney Allen Lidy’s office or set up a consultation through this website to learn what options you have for keeping your family together.