Identifying Legal Aid in CPS Cases
When you hear lawyers talk about "legal aid" what we are referring to is the use of insurance to help pay for your lawyer. In civil cases like CPS or divorce cases, a lawyer in Nebraska can charge around $300 per hour or even more. If you’re looking at spending hours and hours going through the family court system, totaling up how much lawyers charge can be pretty frightening. Most people don’t have several thousand dollars just laying around to pay their lawyer.
If you do have legal aid, which is insurance coverage that you’ve purchased through some means, it can cover that defense. In CPS matters, we get asked all of the time from the parents, "will my insurance cover this?" There is no way for the attorney to answer that question without asking more questions of the client. The reason being is because the amount of coverage you have depends on your income when you purchase legal insurance. If you’re having a hard time making ends meet, your legal insurance will not be as extensive. Not an easy thing to tell a client, but true.
Many of our CPS clients come to us with legal aid, but some of them do not. The insurance is only as good as the carrier, and how they have entered into contracts with attorneys like us. Legal Aid does not cover criminal matters, unless applying for a public defender, and domestic matters like divorce. So unfortunately, if you’ve lost your job and are getting a divorce, your Legal Aid might only cover your criminal case . You’d be responsible to pay for your divorce case out of your own pocket, because divorce law is considered domestic rather than criminal in the state of Nebraska.
CPS cases are unique because legal aid coverage is limited. When we have clients with legal aid in CPS cases, typically what we see is that only the initial portions of the case are covered. Nursing, adjudication, and dispositions are all common areas where CPS work must be covered by legal insurance. However, the review stages are not covered. Legal Aid attempts to cover the stages of a case, but because CPS cases require numerous hearings (like review hearings) before a child can be returned to the home, aid often runs out long before the case is over. Additionally, CPS cases have become a bit different over the last 10 years, and more contested matters are being filed taking up more attorney time. Many courts require that a minor be appointed a guardian ad litem, and this is a new cost that must be covered by the primary parent’s insurance policy. Unfortunately, these are additional costs that have recently caused insurance aid to run out much sooner than it used to. So, although insurance aid is a great way to mitigate the cost of hiring an attorney, clients should be aware that their case could go beyond the insurance benefits of Legal Aid. However, households with 4 or more children are not required to pay for additional insurance coverage, the insurance company absorbs these costs.
Common Issues Faced in CPS Cases
For many people, the very first step in dealing with a CPS case can be a challenge all on its own. Some parents do not know their rights or what a caseworker is legally allowed to do. For example, a caseworker has no right to let themselves into your home in order to interview your child, right of access is a privilege, not an entitlement. Because of the sensitive nature of CPS investigations, parents can often be at a disadvantage in these cases. Additionally, any child that alleges physical abuse can be taken from his or her home and placed with foster caretakers or a family member until a case can be accurately assessed. Many parents are left confused after a simple report to a CPS hotline, as most reporting systems are anonymous. The mental toll on parents or guardians dealing with CPS cases can be difficult, although they may not want to admit it. Recollections of the exact situation that led to the investigation may fail after a parent has spent an extended time worrying about what may happen next. It can be difficult to face a CPS judge, lawyer, or caseworker with confidence when everything seems to be crumbling around you.
Obtaining Legal Aid: What to Do
Once you’ve determined your eligibility for legal aid, the next step is applying for the representation. It’s important to remember that the process can take some time so you should start it as soon as possible.
You’ll need to apply in person, either for yourself or for the parent on whose behalf you are seeking representation. If you have children in the case, the representation can be done on their behalf as well. When applying, you will need a government-issued photo ID and your child’s birth certificate as well as the court summons you received when the case began. If you don’t have these documents, ask the representative for a copy of the application form so that they can help you fill it out.
Once you’ve completed the forms, you will have 30 days to provide proof of income so keep those pay stubs and tax information handy in case you’re selected as an eligible case. Typically the eligibility stays intact for a year but even if it isn’t, it’s crucial that you submit information right away so that you can seek representation as soon as possible.
The legal aid representative will then evaluate your case to determine whether it meets their requirements and if they’re able to provide representation for you. If you are accepted, you’ll receive a letter from legal aid and provide your signature to authorize the program to engage an attorney on your behalf.
It’s important to note that should you receive representation and then experience a change in income or situation that could render you ineligible, you should contact your assigned legal aid attorney immediately to inform them of the situation.
Benefits of Legal Aid in CPS Cases
The option of having legal aid during CPS proceedings is of obvious benefit to those who do not otherwise have legal representation. The additional benefits of having an experienced attorney handling your case are numerous: Expertise in the complexities of CPS cases, giving your case the best possible chances of resulting in a positive outcome for you and your family. The ability to focus solely on the most crucial part of your case, your relationship with your children. Rather than dividing your attention between the details of your case and your family, an attorney can act on your behalf to pursue the best outcome . Peace of mind throughout the litigation process, knowing that your case is handled by a professional who will be there to support you, help you understand your legal rights and obligations, and keep you informed of any developments in your case. Reducing the potentially significant harm and stress caused to children by CPS involvement, as research shows that participation of an experienced attorney in CPS cases results in better outcomes both for parents and SCCS involved families.
How to Access Legal Aid Resources
Legal aid for CPS cases can be found in a variety of ways. First, directories are available through the courts and online that offer a list of legal aid organizations that provide legal assistance for CPS cases. Those resources are updated frequently and often include contact information, the services provided, and eligibility guidelines (most typically, according to income). Secondly, the state of Texas provides a statewide indigent defense system that assists parties with finding legal aid in CPS cases. This can be found through Texas Legal Services Online. Third, advocacy organizations for parents aid with legal questions and provide referral resources to families who are facing a CPS case. Through these organizations, referrals can be made to other organizations that provide more direct legal services. Finally, community support services, such as Area Agencies on Aging and state bar associations help those in need of assistance with locating legal aid in a CPS case.
Successful Real-Life Examples
Here are a couple of true life success stories of how legal aid helped families through CPS cases.
In a case we had last year, a mother gave birth to a child who tested positive for meth. She loved her baby and really wanted to do the right thing, but had a meth problem. CPS took the child longer than the legally mandated 30 days to file a case with the juvenile court. When they finally did, they filed a petition that alleged two other children from a different relationship had been adopted. We had an emergency hearing before the first hearings on the case to object to that part of the petition. There was no prior adoption, and CPS admitted it should not have been in the petition at all. Then, the birth mother voluntarily put herself into treatment. While in treatment, she came out on passes and was the star, showing all her improvement. She began working her plan , but she also did some things wrong. CPS didn’t care because she kept getting better, and both the mother and the CPS caseworker were clear and certain in what was going on. The birth mother ended up getting custody back of her baby boy, and while she works a plan, she also has time with her two older children, as well.
The other success story is a dad whose children were in the system. He loved them so much, and when he met with CPS, he has asked a lot of questions. Things he asked about because mandated reporters – such as nurses, police officers, teachers – had told him about his rights and about CPS, so he was armed with right information. He did what everyone told him to do, which was take the kids to the doctor, be proactive, get drug testing at the courthouse – tons of things that were absolutely the right things to do. He completed the treatment plan, visited with the kids, and completed the 18-month plan to reunify with the children.