Maine DHHS Investigations Lawyers

Abuse of a child, including sexual abuse, may be reported to Maine’s Department of Health and Human Services (DHHS). If DHHS finds the claim to be credible, they will investigate the matter. The result of these investigations can range from nothing to termination of parental rights. Such investigations can also result in the allegations being determined to be “substantiated” or “indicated” in DHHS’s secret files. 

When the abuser is your partner, or the child’s other parent, seeking protection through DHHS is important, but it is rarely enough to protect your family completely. DHHS case workers (sometimes referred to as CPS or Child Protective Services workers) are often overworked. The job has a high turnover of young or inexperienced caseworkers who have an agenda. To fully protect your rights and those of your children, you need representation from a Maine family law attorney with a strong understanding of DHHS investigations.

We Fight For You In Court And Beyond

Physical or sexual abuse of minors is a complex area of law. You need a lawyer who has ample experience successfully handling these emotionally charged and legally complicated cases. Steve Smith has a history of aggressively fighting for the rights of parents and children in Maine family courtrooms. He and his team understand how to handle evidence, statements, and court appearances involving children and abuse. You can count on Steve to stand up for your child’s best interests, no matter what it takes.

Possible Outcomes Of A DHHS Investigation

DHHS investigations may include any credible reports of neglect, physical abuse, sexual abuse, or emotional abuse. The results of their investigations are grouped into three categories:

• Substantiated: The evidence indicates that serious abuse or neglect occurred. Such findings allow the Department to keep records on the abuser indefinitely and report their status of substantiated to licensing agencies for medical workers, nurses, doctors, teachers, daycare workers, and other child-centered professions. A substantiation finding can significantly affect child custody and contact.
• Indicated: There is sufficient evidence that a child suffered abuse of low to moderate severity. An “indication” allows the Department to keep records indefinitely.
• Unsubstantiated: This means that DHHS determined the abuse or neglect in question didn’t happen or there is insufficient evidence of abuse.

STEVE SMITH Trial Lawyers have vast experience handling DHHS investigations. Our Maine Trial Attorneys will help you understand these distinctions and guide you moving forward.

Defending Your Family After A DHHS Investigation

Child abuse involving your former spouse or partner will certainly impact any family law case involving your children-even if the allegations are labeled unsubstantiated. When Maine courts make determinations that affect children, such as in child custody and child protective cases, they prioritize the children’s best interests, using a list of factors such as:

• The relationship between each parent and child
• Each child’s preference – if mature enough to voice a preference
• The stability of each parent’s living arrangements
• Each parent’s ability and motivation to cooperate with the other parent when co-parenting
• Whether domestic violence involving the parents is an issue

The court can seriously curtail or even deny a parent’s access to visitation with their children if the judge determines it to be in the child’s best interests.

While it may be obvious to you that your child needs protection, many parents are surprised when they encounter doubt or disbelief in court. In family law cases involving abuse, significant evidence and documentation are required to obtain the desired outcome. Skilled questioning on direct or cross-examination is often necessary to reveal the truth. Hiring the right family law attorney can make all the difference.

An Experienced Maine Family Law Attorney On Your Side

When your children’s emotional and physical well-being is at stake, nothing should be left to chance. The compassionate family law attorneys at STEVE SMITH Trial Lawyers understand your concern for your children, and we are well-prepared to skillfully advocate for your family. We know exactly what it takes to document abuse in court, and we do not shy away from tough situations. You and your case are important, so please don’t hesitate to reach out and contact us for more information about how we can help you today.