Q: What should a parent do if she/he disagrees with a maltreatment determination?
- The parent should seek a copy of the child protection file to see what evidence was gathered.
- 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.
- Why the determination is wrong (e.g., injury was accidental, action constituted moderate parental discipline, someone else was responsible for the action, etc.); and
- 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.
- If the parent prevails at this stage (or any subsequent stage), the county rescinds its maltreatment determination.
Posted On
March 24, 2018
Posted In
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