Working With Your Court-Appointed Lawyer in a CPS Case
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If someone reports that your child may be abused or neglected, Child Protective Services (CPS) will respond. Child Protective Services (CPS) is part of your local Department of Social Services (DSS).
If CPS has filed a court case against you, you have the right to a free court-appointed lawyer for most hearings. This is one of the most important rights you have in this process. But having a lawyer assigned to you and having a lawyer who is actively working for you are two different things.
This article explains what your lawyer is required to do, and what you can do if they are not doing it. Once you’ve read about how to work with your lawyer, read more about the Court Process in a Virginia CPS Case.
Free legal help may be available outside of your court-appointed lawyer:
- Find your local legal aid office: virginialawhelp.org/get-legal-help or call 866-534-5243.
- Ask a lawyer a question for free online: virginia.freelegalanswers.org.
What should my lawyer be doing for me?
Virginia has official performance standards for lawyers in CPS cases. These are rules your appointed lawyer must follow. Knowing what your lawyer is required to do helps you understand what to expect and speak up if something is wrong.
Keeping you informed
Your lawyer should explain what CPS is claiming. They should tell you the purpose of each hearing and what to expect. They should also explain your case timeline. CPS cases follow strict deadlines set by state and federal law, and those deadlines matter.
Advising you
Talk to your lawyer about your goals for your child and family. Tell them what services or help you need. Be open and honest, even about things you think CPS might judge you for. The more your lawyer knows, the better they can prepare.
What about if my child is placed in foster care?
If the court decides to place your child in foster care, new workers from the Department of Social Services (DSS) will be in charge of your family’s case. Foster care workers from DSS will likely try to talk with you regularly between court dates. Talk to your lawyer first about what to say and how to communicate with DSS workers. Anything you say during the case can be used against you.
Advocating for you
Your lawyer should speak on your behalf in court. They should gather evidence and witnesses before court. They should also negotiate with DSS outside of court when that may help your case.
Your lawyer should go with you to case meetings where important decisions are made. One key meeting is called a Family Partnership Meeting. Your lawyer should help you prepare for these meetings and push for services that are right for you and your family.
Read more about Family Partnership Meetings: CPS Family Assessments and Investigations
Protecting your rights while your child is in foster care
While your child is in foster care, you still have rights. You have the right to information about your child and the right to help make decisions for your child. Your lawyer should help you understand those rights and take steps to protect them. If the DSS or other child welfare agency is not keeping you involved in your child's life, your lawyer should step in.
Reviewing court orders with you
After each hearing, your lawyer should go over any court orders with you. They should make sure you understand what you are required to do and what happens if you do not comply.
How can I help my lawyer help me?
Keep your lawyer updated on things that matter to your case. Let them know about any services you are attending and whether you are going consistently. Tell them how visits with your child are going.
Tell your lawyer right away if:
- DSS makes any new requests
- DSS raises new concerns
- Any visits are missed or cancelled on either side
Make sure your lawyer has your current contact information, and that you have theirs. Ask them the best way to reach them. Many lawyers are in court during the day, so email may work better than calling. If you call, leave a voicemail. Update your lawyer regularly with anything new that comes up in your case.
What if my lawyer is not communicating with me?
Try to resolve it directly before taking other steps. When a lawyer formally asks the court to be removed, it can look bad for the client. Courts also often have very few lawyers available to replace them. That said, you do have options.
Put your concerns in writing
Send your lawyer an email or letter asking to schedule a time to talk. Keep it short and professional. Be clear about what you need. Save a copy. You may need to show it to a judge later.
Build a record
If you need to bring your concerns to the court, you will need proof. Start documenting right now. Write down every time you tried to reach your lawyer, with dates. Save screenshots, phone records, and copies of all emails sent and received.
Vague complaints are hard to act on. A documented record with dates is not.
Use the official performance standards
Virginia's performance standards spell out exactly what your lawyer must do. You can use them to show a judge where your lawyer has fallen short.
One important thing to understand: you decide the goals for your case, but your lawyer decides the legal strategy. A judge is unlikely to appoint you a new lawyer just because you disagree with your lawyer's approach. What the standards do cover is whether your lawyer is communicating with you, preparing you for hearings, and advocating for your interests. Focus on those failures.
You can read the official standards on the Virginia Courts website.
Ask the court for a new lawyer
You can ask the court to appoint a new lawyer. Courts do not always say yes, and when a person complains, sometimes the court will remove your lawyer from your case without assigning a new one. Even so, if the relationship with your lawyer has completely broken down, this is still an option. Bring your documentation and focus on how your lawyer failed to meet their official responsibilities.
Other ways to get legal help
Even with a court-appointed lawyer, you can seek a second opinion or additional advice.
- Reach out to legal aid at valegalaid.org/find-legal-help or call 866-534-5243.
- Ask a lawyer a question for free at virginia.freelegalanswers.org.
- Contact the Virginia Lawyer Referral Service at 800-552-7977 for a $35 half-hour consultation.
If you have serious concerns about your lawyer, you can also file a complaint for professional misconduct with the Virginia State Bar.