The Shock of a CPS Finding: Your World Just Got Turned Upside Down.

You’ve just received that letter. The Child Protective Services (CPS) finding says “founded.” Your heart sinks. Your mind races. You’re terrified about what this means for your family, your reputation, your future. I get it. This isn’t just paperwork; it’s a direct assault on everything you’ve built, and a challenge to your fundamental right to parent your children.

Here at Law Offices Of SRIS, P.C., we’ve seen this fear countless times in Fairfax, Loudoun, Prince William, and across Virginia. It’s a debilitating moment. But you don’t have to face it alone. My experience, including my time as a prosecutor, has shown me how the system operates, both its strengths and its weaknesses. We’re here to guide you through the process of appealing this finding, helping you understand your options and aggressively advocate for your family.

What Does a “Founded” CPS Finding Actually Mean for You?

A “founded” finding means CPS determined, by a preponderance of the evidence, that child abuse or neglect occurred. Bluntly, it means the system believes you’ve harmed or neglected a child. This isn’t just an accusation anymore; it’s an official record. This finding can be devastating, impacting your ability to work in certain professions, volunteer with children, or even affect future custody disputes.

Insider Tip: Don’t underestimate the long-term impact of a “founded” finding. It can linger on your record, affecting job prospects and personal freedoms long after the initial crisis. Acting quickly and decisively with an appeal is your best chance to mitigate these consequences.

The Immediate Dread: Losing Your Children or Facing Criminal Charges.

Your primary fear is likely losing your children, or perhaps even facing criminal charges. This is a very real, very human anxiety. While a CPS finding isn’t a criminal conviction, it can certainly trigger separate criminal investigations. Moreover, CPS has the power to petition the court for removal of children in certain circumstances, which can lead to heartbreaking disruptions to your family.

The good news? A founded finding is not necessarily the final word. Virginia law provides a clear process for you to challenge this decision. Think of it like a tangled knot: it looks overwhelming, but with the right approach and the right tools, it can be unraveled. Our approach focuses on meticulously examining the evidence against you, identifying procedural missteps, and presenting a compelling counter-narrative.

Understanding the Virginia CPS Appeal Process: Your Roadmap to Clarity.

The first step in taking back control is understanding the battlefield. Appealing a CPS finding in Virginia involves specific stages and strict deadlines. Missing these deadlines means you forfeit your right to appeal, so quick action is paramount.

The Initial Appeal: Your Right to a Departmental Review.

Once you receive a “founded” finding, you typically have 30 days to request an administrative appeal, also known as a departmental review, with the local Department of Social Services (DSS) or the Department of Family Services (DFS) in your locality, such as Fairfax or Loudoun County. This isn’t a court hearing yet; it’s an opportunity for a higher authority within the agency to review the initial decision.

During this stage, you or your attorney can present new evidence, challenge the initial findings, and argue why the “founded” decision was incorrect. This is where attention to detail and a thorough understanding of CPS policies become incredibly important.

The Administrative Hearing: Your Day to Present Your Case.

If the departmental review upholds the “founded” finding, your next step is to request an administrative hearing. This is a more formal proceeding, presided over by an independent hearing officer. It’s much like a mini-trial, where both CPS and you (through your attorney) can present evidence, call witnesses, and cross-examine witnesses.

Frankly, this hearing can feel intimidating. The agency will have its attorneys, and the hearing officer, while independent, understands the system. Having a seasoned attorney by your side who knows how to navigate these hearings is invaluable. We’ll help you prepare your testimony, gather supporting documents, and challenge the conclusions reached by CPS. My background as a prosecutor means I’m adept at identifying weaknesses in the other side’s case and building a strong defense.

Judicial Review: Taking Your Fight to the Circuit Court.

Should the administrative hearing officer uphold the “founded” finding, your final recourse is to petition the Circuit Court for judicial review. This happens in the Circuit Court of the city or county where the local department that made the finding is located—so, for example, the Fairfax Circuit Court or the Loudoun Circuit Court. The court will review the administrative record to ensure that the hearing officer’s decision was supported by substantial evidence and was not arbitrary or capricious.

This isn’t a retrial. The court generally won’t hear new evidence. Instead, it scrutinizes whether the agency followed proper procedures and if their decision was legally sound. This requires a deep understanding of administrative law and appellate procedure. The stakes are incredibly high here, as this is your last opportunity to overturn the “founded” finding through the appeal process.

Blunt Truth: The window for appeal is tight, and the process is complex. Every stage, from the initial departmental review to potential judicial review, has strict deadlines and specific requirements. Don’t wait. The moment you receive that “founded” letter, contact us. Delaying can literally cost you your ability to clear your name.

Building Your Strongest Appeal: How We Fight for Your Family.

At Law Offices Of SRIS, P.C., our strategy for appealing a CPS finding is comprehensive and tailored to your unique circumstances. We understand that behind every finding is a real family, with real children, and real emotions. Our goal is to dismantle the “founded” finding and restore your reputation.

A Deep Dive Into the Evidence: No Stone Unturned.

The first step is to meticulously review the entire CPS file. This includes interview notes, investigator reports, medical records, school records, and any statements made by you or other parties. We’re looking for inconsistencies, lack of corroborating evidence, procedural errors by CPS, and any information that was overlooked or misinterpreted. My time working within the prosecutorial system gives me a distinct advantage here; I know what details investigators often prioritize and, more importantly, what they sometimes miss.

• Challenging Credibility: We often scrutinize the credibility of the complaining witness or any child statements, looking for signs of coaching or inconsistency.
• Absence of Abuse/Neglect: We focus on demonstrating that the evidence simply does not meet the legal standard for abuse or neglect.
• Procedural Violations: Did CPS follow all their own rules? Were your rights violated during the investigation? These can be powerful arguments.

Presenting Your Side: Crafting a Compelling Narrative.

Often, CPS findings are based on a narrow interpretation of events. We work with you to present a complete and accurate picture. This might involve:

• Gathering Witness Statements: Character witnesses, family members, teachers, or healthcare providers who can speak to your parenting abilities and the child’s well-being.
• Expert Testimony: In some complex cases, we might consult with experts—such as child development specialists or medical professionals—to provide an alternative interpretation of events or to challenge CPS’s conclusions.
• Documentation: Providing records that demonstrate a safe home environment, appropriate care, and a loving relationship with your child.

This isn’t just about throwing facts at the wall; it’s about building a cohesive, believable story that directly refutes the “founded” finding. It’s about ensuring your voice is heard, clearly and powerfully, amidst the bureaucratic noise.

The Human Element: Fighting for Your Family’s Future.

I know the terror a CPS finding causes. It’s not just about a legal record; it’s about the fear of losing your children, your right to make decisions for them, and the crushing weight of public perception. Having been on the other side, I understand the leverage and tactics that can be used. This insight isn’t just theory for me; it’s practical knowledge that I apply to aggressively defend your rights and your family’s future. We explore every avenue, from informal negotiations to formal hearings, always with your best interests at heart.

Your children and your family are too important to leave this to chance. Let us provide the knowledgeable and steadfast guidance you need during this incredibly challenging time. We have locations in Fairfax, Ashburn (Loudoun), Arlington, Shenandoah, and Richmond, Virginia, ready to serve you.

Real-Talk Aside: This isn’t just about legal technicalities. It’s about protecting your fundamental right to be a parent. We understand the emotional toll, the sleepless nights, and the immense pressure. Our job is to carry that legal burden for you, so you can focus on your family. Let us handle the fight.