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Child Abuse Allegations

Tough Aggressive Representation – 35 Years of experience.  Philadelphia, Bucks County, Delaware County, Chester County Child Custody Lawyer
Fights False Allegations of Child Abuse
Douglas P. Earl, Esquire has fought against False Allegations of Child Abuse anywhere in Pennsylvania including in Bucks, Chester, Delaware Counties and in Philadelphia. A common tactic of a parent making false allegations of child abuse is to seek a Protection From Abuse order (PFA) so that you may lose custody of your children for a temporary period. Similarly, the other parent may be able to use false allegations as a basis to seek a modification of a custody order. Again, in custody as well as any legal proceeding, having good legal guidance during the process is critical. Douglas P. Earl, Esquire has succeeded in attacking false allegations of child abuse.
False allegations can have profound consequences on your life. Your custodial rights may be impacted. This is highlighted by the Hulu show ScamAmanda where the mother of a girl lost custody of her daughter to the father and his wife. The mother got primary custody of her daughter back after it was proven that the step-mother lied. Additionally, your relationship with your child may also be permanently damaged along with their emotional wellbeing.
Instinctively, it is natural to view investigators as enemies. A thorough and unbiased investigator from Children and Youth or DHS can gather facts that help your case and assist you in establishing the truth while another investigator can be biased against you.
Douglas P. Earl, Esquire knows how to uncover the facts. The Philadelphia Children’s Alliance (PCA) is used by the police and DHS to do a forensic interview of a child allegedly abused. What people do not know is that there is an actual video of the PCA interview of your child, not just a written report. Mr. Earl looks at the video. Did the interviewer of your child leave the room and come back. Were things suggested to the child?
Also, Pennsylvania law (23 PA Cons Stat § 5328) requires courts to use the best interest of the child standard when making child custody decisions. If a court determines there is an ongoing risk of abuse, it can award the other parent sole custody and impose safety requirements for that parent’s custody visits. Douglas P. Earl, Esquire is prepared so this does not happen to you. Mr. Earl immediately gets the facts, examines any photographs and any available evidence, the Children and Youth or Department of Human Services (DHS) investigation reports, police reports, and prepares you for court.
A court must also consider which parent will be better able to attend to a child’s health and wellbeing despite the underhanded nature of a false allegation. This means in addition to fighting false allegations we work on demonstrating your ability to care for your child including developing a plan to address potential issues your child may face and prioritize stability throughout the custody proceedings.
Many parents also do not realize that Children and Youth Services or for Philadelphia the Department of Human Services can accuse a mother or father of Child Abuse.  Even if a parent did nothing the Children and Youth can accuse a parent of being a perpetrator of child abuse by omission.  Douglas P. Earl, Esquire is there to fight for you anywhere including Philadelphia, Bucks, Chester and Delaware Counties.
Even if Children and Youth or DHS does not take you to court the Pennsylvania Department of Public Welfare has a Bureau of Hearing and Appeals which decides abuse findings.  1st if you receive a letter stating the findings are indicated or found report of abuse from Children and Youth Services an appeal within 60 days or you lose the right to challenge the decision against you.  Douglas P. Earl, Esquire knows exactly what to do.
The Attorneys of the Law Department or solicitors for Bucks, Chester, Delaware County or throughout Pennsylvania fight against you.  They have unlimited resources.  Douglas P. Earl, Esquire stands up to them for you.
Douglas P. Earl, Esquire has fought false allegations of child abuse and won. Contact us today to learn more about our services. Fighting Against False Allegations in a Child Custody Allegations of child abuse are treated seriously and vigorously investigated in Pennsylvania. While an investigation by Child Protective Services is a terrifying experience, staying focused on the facts and recognizing your rights and options is essential.
Instinctively, it is natural to view investigators as enemies. However, it will generally work to your benefit to cooperate and provide assistance. A thorough and unbiased investigator from Children and Youth or DHS can gather facts that help your case and assist you in establishing the truth while another investigator can be biased against you.
You can build a powerful defense by gathering documents, records, witness statements, or other proof that contradicts the false accusations made against you.
Under Pennsylvania law (23 PA Cons Stat § 6368), you must be notified before being interviewed. Additionally, you have the absolute right to consult and have a lawyer present during an interview. Douglas P. Earl, Esquire can be your strongest ally in fighting false allegations of child abuse, which is why you should obtain a consultation immediately.
A court must also consider which parent will be better able to attend to a child’s health and wellbeing despite the underhanded nature of a false allegation. This means in addition to fighting false allegations we work on demonstrating your ability to care for your child including developing a plan to address potential issues your child may face and prioritize stability throughout the custody proceedings.
Douglas P. Earl, Esquire has fought false allegations of child abuse and won. Contact us today to learn more about our services.

 

June 21, 2023: Douglas P. Earl, Esquire represented L.P. against a finding she was a perpetrator of child abuse by the Children and Youth Division of the Department of Human Services.  The Hearing was before the Bureau of Hearings and Appeals of the Department of Human Services of Pennsylvania.

L.P. wins!

L.P. was accused of Child Abuse because a pill box was containing a pink ecstasy pill was unzippered.  L.P. was with her child.  L.P. was a selecting a television program and did not see the child take the pill out of the pill box during a period of only a minute.  L.P. took immediate action when she noticed what happened.  The child was immediately taken to the hospital. The child showed no signs ecstasy ingestion although there was pink residue on the lips of the child.

The Judge agreed that L.P. did not commit Child Abuse.  The Law Derpartment and DHS vigorously pursued a case of Child Abuse against L.P.  This is where you need protection.  A Finding of Child Abuse can prevent you from working around children.   Mr. Earl has protected people against overzealous social workers.

Local children and youth agencies in the Commonwealth are also entrusted with the responsibility for investigating allegations of child abuse, and determining whether reports are “founded,” “indicated” or “unfounded.” A “founded report” is defined as “a report made if there has been any judicial adjudication based on a finding that a child who was a subject of the report has been abused.” An “indicated report” is where the local children and youth agency determines there is substantial evidence of the alleged abuse. An “unfounded report” is a report which is neither founded nor indicated.

The Child Protective Services Act directs that the State maintain a central register of child abuse consisting of founded and indicated reports. It is important that your name not be on the central registry. Founded or indicated Child Abuse findings by Children and Youth can also be used against you in custody proceedings.

Douglas P. Earl, Esquire knows how to fight against Children and Youth. Do not be intimidated. Mr. Earl will fight for you. You will be surprised how one decision by a social worker assigned to investigate a claim of child abuse against you may set in motion a whole series of events which start taking away your rights. You will also be surprised that a decision by a social worker or therapist may be biased and not supported by the evidence.

• E.B. In Re: M.L BHA Docket No. 021-18-0933: Children and Youth division of Philadelphia Department of Human Services filed an indicated report of child abuse against Father based upon bruises. Judge grants appeal and orders child abuse record expunged. Judge rules no substantial evidence of impairment or substantial pain.

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