Legal Skills in CPS

This course, which was revised in 1992, provides training in the knowledge, skills and attitudes child protective workers need in order to bring a case of child abuse and neglect to the attention of the court system. Course information is presented by a CPS trainer and a consultant attorney and focuses on the following topic areas: requirements of the Social Services Law and the Family Court Act; what constitutes legally admissible evidence; meeting "diligent and reasonable efforts" requirements; developing techniques for testimony; increasing knowledge of dispositional alternatives for Family Court; understanding the process for an expungement review and for Fair Hearing; and the legal implications of risk assessment. This course incorporates the most current legislative updates on the course topics (i.e., removals).

Objectives

• Present standards of practice regarding due process, removals, petition writing, documentation, and evidentiary procedures
• Detail specific court procedures and the type and order of testimony for proving CPS family court cases
• Introduce a protocol for working with county and family court legal staff

Outcomes

• identify the legal basis for due process, removal procedures, court hearings, types of evidence, petitions, amendments, and caseworker liability
• describe orders of protection, pertinent case law, legal terminology used in court proceedings, and child, expert and caseworker testimony
• document specific court procedures for proving the most common types of CPS court cases

Intended Audience

Outline

Day 1 discusses the evolution of due process, types of evidence and evidentiary rules, the most current law affecting removals and orders of protection, methods for writing dispositions and outcomes, and the caseworker-attorney relationship.

Day 2 considers evidentiary exceptions, legal terminology, testimony, and proving court cases.

Training Methodology

Materials