Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?
My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS got the report & did their visit on8/30 with nothing major being done. On Friday 9/2 we got a phone call from our social worker that by the time I got home from work that day he was no longer allowed to be alone with our kids. At this same time I was told none of the references we gave her on Tuesday had been called yet. Why wasn't this decision made on Tuesday while she was here doing the initial visit and is it right to make this decision without even contacting the references that were given on Tuesday. He will be filing not guilty on all counts, I'm just curious on the CPS part and if it's legal the way it was done. It should have been a no fault accident due to the car falling apart.
A: Yes they can
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.