Q: What is the proper motion to file to ask for immediate return to home in a CPS involved case?
The kids are in an unsafe home & rather than admitting they did something wrong, CPS is digging their heel in & doubling down by ignoring obvious safety issues and hiding or just not showing the judge reports made against this home by neutral parties. What is the proper motion to file to get this in front of the judge?
A: There isn't a specific motion for this. What you file depends on the specific facts of the case, what specific evidence you have, and where you are at in the process. Sometimes the better course of action is to first share your evidence with CPS and the guardian ad litem to investigate further. If they review and confirm the safety concerns, CPS may move the child to a different placement without you having to file a formal motion. Sometimes you need to make sure you first gather enough evidence to be convincing and sometimes there is some strategy as to how to bring these types of evidence and motion to the Court and to the other parties involved to increase your odds of success on this issue and overall. Thus, you would want to share you documents and other evidence of safety concerns with your attorney so you can develop your best course of action.
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