About Child Protective Service

[Msnell5]

South Carolina.

I have a open child protective service case. I was just recently involved as a witness/victim to a shoot out and my child was with me at the time of incident. I currently stay in a hotel until my home is ready in another week or so. I would like to know can child protective service use the incident against my with my case even though the involvement was not me? What are some steps that I should take with dealing with child protective service and what are my rights?

 

[CdwJava]

Is this "open child protective service case" as a result of the shootout? If so, why would they hold that against you ... unless you were a likely participant in some criminal act(s) that resulted in the shootout?

If the incident was one of your making or knowing involvement and that resulted in a risk to your child, then CPS could very well move to take custody of your child. Though, unless they can articulate some immediate risk, they will probably have to proceed to court first.

In general, you do not have to speak to the police, to CPS, or to anyone else about the matters concerning the incident or the child. But, lack of cooperation could result in their acting to take your child into protective custody.

You might want to consider speaking to an attorney before talking to anyone else.

 

[Msnell5]

Is this "open child protective service case" as a result of the shootout? If so, why would they hold that against you ... unless you were a likely participant in some criminal act(s) that resulted in the shootout?

If the incident was one of your making or knowing involvement and that resulted in a risk to your child, then CPS could very well move to take custody of your child. Though, unless they can articulate some immediate risk, they will probably have to proceed to court first.

In general, you do not have to speak to the police, to CPS, or to anyone else about the matters concerning the incident or the child. But, lack of cooperation could result in their acting to take your child into protective custody.

You might want to consider speaking to an attorney before talking to anyone else.

The case was open prior the shooting took place. I was at the scene randomly when the shooting took place unaware.

 

[CdwJava]

The case was open prior the shooting took place. I was at the scene randomly when the shooting took place unaware.

If you were in no way involved with any criminal activity or with the involved parties, I cannot imagine how your presence would be in any way an issue for your existing case. But, if, for instance, the shooting was at a drug house involving users and/or dealers, it could be problematic. Same suggestion: Speak with an attorney.