Asserting Your Parental Rights During a CPS Investigation or Hearing

Full Video Transcript

An attorney ad litem is appointed by the court to represent the best interests of the child. In this pursuit, ad litems are required to conduct a series of interviews, inspections, and other actions in order to evaluate a child’s case and make recommendations for a child’s future. If during a CPS investigation or hearing, you, as a parent, don’t believe your child’s ad litem is serving in your child’s best interest, you don’t have to be quiet. It’s important to understand you’re still your child’s parent and speak up. For example, if the ad litem has failed to interview close family members that may be relevant to the case, speak up and notify the court of this misstep. The ad litem, however, is your child’s attorney and must do what the child requests him or her to do. That means that if your child wants to come home and is old enough to voice this, the ad litem must fight for the child to go home. The only time that an ad litem can substitute his or her opinion for the child is if the child is not old enough to voice his or her wishes, or if the child’s wishes are so contrary to what is in his or her best interest that it is vital to substitute that opinion for the safety and welfare of the child. If you need legal help, be sure to speak with a qualified child protective services attorney in your area.