Child Protection Lawyer
Child protection cases involving DHS or Child Protective Services (CPS) investigations can threaten your parental rights and family unit. At Claffey Law, we represent parents and guardians facing maltreatment allegations in White Bear Lake, Hastings and throughout Hennepin, Ramsey, Dakota and Scott counties. We guide families through investigations, court hearings and family service plans while protecting your rights and working toward reunification when possible. Our child protection lawyer, Katie Claffey, understands the urgency of these cases and responds quickly to protect both children’s welfare and parental rights.
Understanding Child Protection Cases in Minnesota
A child protection case begins when concerns arise about a child’s safety or well-being due to abuse, neglect or other forms of harm. The Minnesota Department of Human Services (DHS) or county social services investigates reports of child maltreatment. If they find evidence of harm or risk to the child, they can intervene. Intervention ranges from offering family services to removing the child from the home if necessary.
How DHS Investigations and Maltreatment Reports Work
Child protection cases typically start when someone reports suspected abuse or neglect to county or local child protective services. Reports can come from teachers, doctors, neighbors or other agencies. Once received, the agency investigates the allegations.
The investigation process includes:
- Conducting interviews with the child, parents and other relevant parties
- Inspecting the home environment
- Gathering information from medical or educational records
- Assessing the child’s immediate safety
Based on findings, the agency determines whether evidence supports protective action. This might mean offering family services or removing the child from the home. As a CPS defense attorney, Katie ensures investigations follow proper procedures and your rights remain protected throughout the process.
What Happens If a Child Is Removed from the Home?
When a child is removed, it reflects serious concerns about immediate safety. After removal, the court holds a hearing within 72 hours to determine whether the child should remain out of the home while the case progresses.
Possible outcomes include:
- Temporary foster care placement: The child may be placed with a relative or foster family while the case moves forward.
- Family reunification services: Parents receive services like counseling or parenting classes to address issues that led to removal.
- Court-ordered hearings: Several hearings assess progress and determine whether the child can return home or if further actions are necessary.
Our DHS lawyer in Minnesota works to achieve the quickest path to reunification when it serves the child’s best interests and safety allows.
Parental Rights in Minnesota Child Protection Cases
Parents involved in child protection cases have important legal protections:
- The right to legal representation and court-appointed counsel if you cannot afford an attorney
- The right to participate in hearings and present evidence
- The right to access family services that may help regain custody, such as counseling, treatment programs or parenting classes
- The right to notification about hearings, decisions and plans related to your child’s case
Understanding and asserting these rights ensures the best outcome for your family. A child welfare attorney advocates for you at every stage and helps you navigate required services.
The Goal of Child Protection Proceedings
Minnesota’s child protection system prioritizes child safety and well-being while providing services and interventions to help families resolve underlying issues. The system aims to reunify families when possible and safe to do so, provide services addressing problems like substance abuse, mental health challenges or domestic violence and find permanent solutions like adoption or guardianship if reunification isn’t possible.
The child’s best interest remains the top priority, but family preservation and reunification are pursued whenever safe and appropriate.
Common Questions Parents Ask About Child Protection Cases
Parents facing these cases often have urgent concerns about timelines, rights and outcomes. Below, we have provided answers to some common questions.
How long does a child protection case last?
Case length varies based on circumstances. Minnesota courts conduct hearings at regular intervals, typically every 30 to 90 days for ongoing cases, to assess progress and service effectiveness. For cases involving child removal, a permanency hearing must occur within 6 months of removal to determine whether reunification efforts should continue or if permanent placement options should be pursued.
Can a child protection case be dismissed or closed?
Yes. Cases can be dismissed after a trial or if the court determines concerns have been resolved and the child is safe. This happens when parents demonstrate they have addressed the issues leading to the case by completing required services, the child’s safety is no longer at risk and the family can provide a stable, supportive home environment. Courts may close cases after successful implementation of a family plan or child protection plan with no ongoing safety concerns.
What if I disagree with the maltreatment determination?
You have the right to challenge findings through administrative appeals and court proceedings. A parental rights lawyer can help you contest determinations and present evidence in your defense.
Get Legal Help for Your Child Today
If you’re facing a DHS investigation or child protection case in White Bear Lake, Hastings or anywhere in Hennepin, Ramsey, Dakota or Scott counties, early legal representation protects your rights and improves outcomes. At Claffey Law, we offer free consultations to discuss your situation and explain your options.
Call 763-270-9910 or message us online to schedule your free consultation.