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
How to get an attorney in Spokane County: You
Other Questions What is CPS? Child Protective Services (CPS) is a state agency that investigates reports of child abuse and neglect. CPS’ mission is to provide services to help both parents, the mother and the father, and protect the child. CPS can also go to court to remove a child from the parents’ care if necessary to protect the child.
What is a “dependency” case? CPS files a “dependency petition” with the court if it believes that the child has been abused or neglected or is at risk of harm and must be removed from the mother or father’s care. This begins a court process called a dependency case. At the court hearings, the CPS worker and both the mother and the father can provide information to the court. The judge or commissioner decides issues such as where the child should live, what services are needed to support the family and/or return the child to his or her mother or father and how often visits between the parents and child(ren) should occur.
What if I have a complaint about CPS? There are two Washington State agencies that can assist with complaints about CPS’s policies and practices, Constituent Relations and the Ombudsman:
CONSTITUENT RELATIONS DSHS Children’s Administration PO Box 45710 Olympia, WA 98504-5710 Phone: 800.723.4831 Fax 360.902.0725 E-mail ConstRelations@dshs.wa.gov Constituent Relations responds to questions, concerns or complaints about Children’s Administration’s services including: Child Protective Services (CPS), Child Welfare Services (CWS), Family Reconciliation Services (FRS), Adoption Services, and Foster Care.
OFFICE OF THE FAMILY AND CHILDREN’S OMBUDSMAN (OFCO) 6720 Fort Dent Way, Suite 240 Mail Stop TT-99 Tukwila, WA 98188 Phone: 800.571.7321 or 206.439.3870 TTY: 206.439.3789 Fax: 206.439.3877 OFCO investigates complaints about state agency actions or inaction that involve:
should make every attempt to attend your child’s shelter care hearing. A public defender will be available to represent you on the day of the hearing. If you need to apply for a public defender after this, contact Rose Brurud at:
Spokane Juvenile Court 1208 W Mallon Ave Spokane, WA 99260 Phone: 509.477.6384 Ms. Brudud will give or send you a financial statement to complete. You need to complete this paperwork and return it to Ms. Brurud. If your financial statement shows that you cannot afford to hire your own attorney, the court will appoint a public defender to represent you in your child's dependency case. Most parents are appointed an attorney, so you should contact Ms. Brurud and complete a financial statement, even if you have an income and don’t think you will qualify. If you want more information about appointment of a public defender, feel free to contact Ms. Brurud.
Washington State Office of Public Defense PARENTS REPRESENTATION PROGRAM
Court forms and information about different legal actions such as paternity, child support, divorce, parenting plans, housing, or immigration are available at: www.washingtonlawhelp.org www.courts.wa.gov
CLEAR If you are low-income and have a noncriminal legal problem in Spokane or Lincoln Counties, call CLEAR (the Coordinated Legal Education and Referral System), toll-free at 888.201.1014 . The intake line is open Monday to Friday from 9:15 am to 12:30 pm and again on Tuesday afternoons from 3:30 to 6:15 pm. Legal advocates may be able to provide you with legal assistance over the telephone.
211 If you do not find the service you need, please dial 2-1-1 from anywhere in Washington to speak to an information and referral specialist for assistance. If you are calling from an out-of-state number, please dial toll-free: 877.211.9274. For TTY call 800.833.6384 or 711 to be connected to a relay operator.
PO Box 40957 Olympia, WA 98504-0957 Phone: 360.586.3164 Fax: 360.586.8165 Email: opd@opd.wa.gov The Washington State Office of Public Defense (OPD) offers a Parents Representation Program which provides defense services to parents involved in dependency and termination of parental rights proceedings.
Any child at risk of abuse, neglect, or other harm.
Spokane County Bar Association VOLUNTEER LAWYERS PROGRAM
A child or parent involved with child protection or child welfare services.
1704 W Broadway Ave Spokane, WA 99201 Phone: 509.324.0144 Fax: 509.232.3051 Email: ehesch@Spokanebar.org www.Spokanebar.org/vlp.html
OFCO intervenes and tries to solve problems when a state agency's action or inaction is unauthorized or unreasonable. OFCO also makes recommendations to the Governor, the Legislature and agency officials to improve the child welfare system.
Other Resources
If you don’t qualify for a Public Defender, contact the Spokane Bar Association for information on Juvenile or Family Law attorneys. The Spokane County Bar Association also offers a Volunteer Lawyers Program which provides free legal counsel and representation in civil matters (noncriminal) to low-income individuals.
This brochure is a product of the Washington State National Quality Improvement Center. DSHS Children and · King County Family Services and Juvenile Court Division of Child · University of Support Washington D.A.D.S. School of Social Work Department of Public Defense · Catalyst for Kids Created in April, 2010 Funding source: U.S. Department of Health and Human Services, Administration for Children and Families, Children’s Bureau