What are my rights?
Your Legal Rights as a Father
Right to notice: CPS* must try to notify you as soon as possible when your child has been taken into custody, explain why the child was removed from the home, and inform you of your legal rights. You, or your attorney, also have the right to copies of the CPS records about your family. *What is CPS? see other questions
Right to request your child’s placement: CPS must consider the mother’s and the father’s placement requests. As the father, you have the right to ask CPS and the court to place the child in your care. Unless there are serious concerns about the child’s safety and welfare, the child must be placed with either the mother or the father. If the child is not placed with you, you can ask to have the child placed with a relative or even a non-relative if that person has a close relationship with the child. Placement with relatives is preferred over placement in nonrelative foster care.
Right to visit your child(ren): Visiting your child is important. Visits between the father and the child are a right and can only be limited if needed to protect the safety and welfare of the child. When, where, and how often your visits happen will depend on the circumstances of your case.
Right to services: The child, as well as both the
Information on CPS, legal resources and community services for fathers in Spokane County, Washington
mother and the father have a right to services in order to protect the child and to strengthen the family. These services may include: individual, group, and family counseling; substance abuse treatment; mental health support; assistance to address domestic violence; temporary child care; and other family therapeutic services. You have the right to participate with CPS in developing a safety and service case plan for your family. Some services are required; others might be requested. Most services required by the court or CPS are provided directly by CPS or a contracted community service provider. However, you may need to pay for some services that are requested by you or CPS. If you are in need of financial support, including transportation to or from services, be sure to ask for assistance from your social worker.
Right to be heard: Even if your child does not live with you, as a father, you have a right to be heard in court. You have the right be represented by an attorney in the child dependency case. Your attorney can look at the files, talk to CPS and other agencies, tell you about the law, help you understand your rights, and help you at hearings. If you cannot afford an attorney, the court may appoint one to represent you. If you do not yet have an appointed or hired attorney; make sure to attend all your scheduled hearings.
What are my responsibilities? Establishing paternity: If you have not already done so, you may be required to legally establish your relationship to your child. In some cases this can be done by filing an affidavit of paternity. In other cases, the court may order paternity testing and you may be required to participate in an interview, fill out forms, and complete genetic testing.
Completing court-ordered services: Reaching your goals for your case will largely depend on whether you complete the services ordered by the court. It is very important that you keep appointments, complete services, keep any documents and reports that demonstrate you have successfully completed services. Talk with your attorney or social worker as soon as possible if you have scheduling, transportation, or any other problem with completing courtordered services.
Raising and supporting your child: Whether or not your child is currently living with you, your child still needs your time, attention, emotional and material support. It is important for a child to learn about you - the father; plus your family, your culture, and your values, so that the child can succeed in life. One way to do this is to consistently attend visits and plan ageappropriate activities for your child. You should also be involved in other areas of your child’s life such as school and recreational activities and your child’s health care.
When a child is placed into state custody, the Division of Child Support, Spokane County Prosecutor’s Office and/or Washington State Attorney General's office will look at the financial situation of either the mother or father or both, and make a determination about what amount that parent can pay towards the cost of the child’s relative, foster, or group home placement. It is very important that you immediately open all mail from these agencies, follow the instructions in them, and provide accurate information about your current financial situation and other obligations, so that a reasonable plan can be created.
What can I do about child support? Child support issues can be stressful. You should always contact the Child Support Office as soon as possible to establish a relationship with the Support Officer. If needed, an attorney or agencies like the Office of Public Defense or Spokane County Bar Association may be able help you with understanding the process. Contact by mail:
DIVISION OF CHILD SUPPORT PO Box 11520 Tacoma, WA 98411-5520 www.dshs.wa.gov/dcs Contact in person:
Spokane Field Office 1608 W Boone Ave Spokane, WA Phone: 509.393.5000 or 800.345.9982 Fax: 866.668.9518 - TDD: 800.833.6384 E-mail: spomail@dshs.wa.gov