Can the CPS drop charges?

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Can the CPS drop charges?

The CPS can however decide to drop charges at the latter stages of police enquiries, or charges can be dropped at the early stages of police enquiry if they are directly sourcing from the influence of the complainant (the victim). It is also possible for the CPS to discontinue a case when it has already come to court.

Q. Can a judge overrule CPS?

CPS is part of the family law courts and no CPS cannot override a court order. The only way to override a court order is by going back to court and ask a judge to consider a different ruling on a case therefore overriding the original order. But that never happens unless new evidence is presented to the judge.

Q. How long do CPS investigations last?

How Long Does the Investigation Take. In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension.

Q. How long do custody hearings last?

Custody hearings tend to be very short. Most hearings will take less than two hours. The length of the hearing will depend on how many issues there are in your case. If you only have one small issue to work out, the hearing could be as quick as 20 minutes.

Q. How does CPS handle cases where a child’s rights are being violated?

You have the right to a court-appointed attorney if CPS files a lawsuit against you. Parents and caregivers can deny any allegations made by the CPS. Parents also have the right to attend all court hearings regarding your case, even if the children are taken away.

Q. When is the first hearing in a CPS case?

This list will familiarize you with the hearings involved in a CPS case. Preliminary Protective Custody Hearing (PPCH)This is the first hearing in a CPS case. If your children have been removed and/or if CPS believes your children are in need of protection, a hearing will be held within 72 hours.

Q. What happens when a child is taken from you by CPS?

If your child has been taken from you, the court will decide at the first hearing whether your child should go home right away or not. This is the first time the court will be asked to make sure that your kids are safe. It’s also the time that the court will make orders about when you can visit your child and where.

Q. Can a CPS tell the court if you are not cooperating?

When you work with CPS, you may be asked to comply with a safety or service plan. These are generally not court ordered and therefore cannot be enforced. However, if you fail to follow the plan, CPS can tell the court that you are not cooperative.

Q. Can a child be removed from CPS without a hearing?

If a child is removed by CPS without a hearing, an emergency hearing must be held by a court on the “first working day” after removal, but no more than three days after removal (Texas Family Code (“TFC”) §262.106). At this hearing, the court will determine if the factors listed above exist.

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