Injury to a Child and CPS cases dismissed
Our client was accused of causing a closed head injury to one of her 3 month old twins. Based upon an incomplete investigation and misguided medical opinion, CPS quickly moved in and removed both of her children. She was then indicted for the second degree injury to child. After getting the discovery and many months of work and consultation with our own medical expert, we convinced the District Attorney's Office to take a second look at the case. They agreed and presented the case to the grand jury for a second time where they returned with a recommendation that no charges be pursued. The pending criminal case was then dismissed. Not satisfied, CPS continued to pursue termination of both parent's rights. Soon thereafter, we agreed to get involved in the CPS case. Within a week, we located a procedural issue that led to the District Judge granting our Motion to Dismiss. The family has now been reunited after 15 long months.