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Mar 24 2018

Q: What should a parent do if she/he disagrees with a maltreatment determination?

  1. The parent should seek a copy of the child protection file to see what evidence was gathered.
  2. Regardless of whether the parent has had the opportunity to review the CPS file and/or retain counsel, the parent MUST seek/ begin the reconsideration (appeal) process by first sending in a written appeal to the county within 15 days of receiving the maltreatment determination letter.
    1. Why the determination is wrong (e.g., injury was accidental, action constituted moderate parental discipline, someone else was responsible for the action, etc.); and
    2. Why the alleged acts, in any event, were not serious or recurring (e.g., one-time incident, no injuries, etc.) This factor impacts whether the person will be disqualified from holding certain jobs.
  3. If the parent prevails at this stage (or any subsequent stage), the county rescinds its maltreatment determination.
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