What Happens When CPS Opens a Case?

Child protective services (CPS) agencies are run by states and counties. Procedures differ, but the general process is similar (Child Welfare Information Gateway).

1. The report

Anyone can report suspected abuse or neglect, and many professionals, such as teachers, doctors and social workers, are mandatory reporters. Reporters' identities are generally kept confidential.

2. Screening

The agency decides whether the report meets the legal definition of abuse or neglect and needs a response. Many reports are screened out.

3. Investigation or assessment

Caseworkers may:

• Interview the child, sometimes at school
• Interview parents, other household members and relatives
• Visit the home
• Request medical, school or other records
• Talk to other professionals

Some states use an alternative "family assessment" track for lower-risk reports, focused on services rather than findings.

4. Safety decisions

If there are safety concerns, the caseworker may propose a safety plan, such as a relative staying in the home or a parent leaving temporarily. If a child is in immediate danger, CPS may remove the child, usually requiring court approval or a prompt court hearing afterward.

5. Findings

At the end, the agency usually decides:

• Unsubstantiated (unfounded): not enough evidence; the case is closed, although records may be kept for a period.
• Substantiated (indicated): enough evidence under the state standard. The parent may be placed on a state registry, which can affect jobs working with children. Most states offer an administrative appeal.

Services may be offered in either case.

6. Court involvement

If CPS files a dependency or neglect petition, the family court holds hearings. Parents usually have a right to a court-appointed lawyer in these cases in most states, and children often get their own lawyer or guardian ad litem. The Supreme Court has held that permanently terminating parental rights requires at least clear and convincing evidence (Santosky v. Kramer).

Tips for parents

• Stay calm and be respectful.
• You can ask what the allegations are and what the caseworker needs.
• Ask for a lawyer before signing safety plans or agreements if you can.
• Keep copies of everything and follow through on services.
• Do not coach children or discuss the allegations with them.

A family lawyer experienced in dependency cases can protect your rights.

Sources

1. Child Welfare Information Gateway: How the child welfare system works
2. Virginia Department of Social Services: CPS investigations
3. Cornell Law School LII: Santosky v. Kramer, 455 U.S. 745 (1982)