CHILD PROTECTIVE SERVICES

HOW CPS WORKS?

FIRST THINGS FIRST ONE IMPORTANT THING TO START WITH ALWAYS IS UNDERSTANDING THE PROCESS! HERE I WILL PROVIDE YOU WITH AN OVERVIEW OF THE BASICS. ONE OF THE BEST THINGS A PARENT CAN DO IS SEEK KNOWLEDGE SO THAT THEY FEEL EMPOWERED.

WHAT CHILD PROTECTIVE SERVICES IS

CHILD PROTECTIVE SERVICES (CPS) IS A GOVERNMENT AGENCY RESPONSIBLE FOR RESPONDING TO REPORTS OF SUSPECTED CHILD ABUSE OR NEGLECT. (THAT BEING SAID EACH STATE CAN HAVE SIMILAR OPERATIONS, BUT NUANCES SPECIFIC TO THAT STATE. FOR EXAMPLE IN INDIANA THE AGENCY (DCS) IS A STATE LEVEL AGENCY, WHILE RIGHT NEXT DOOR IN OHIO IT IS COUNTY SPECIFIC. IT'S IMPORTANT TO UNDERSTAND YOUR JURISDICTION AND HOW THEIR OPERATION RUNS.)
REGARDLESS OF OPERATIONAL MANAGEMENT; CPS' AUTHORITY IS ADMINISTRATIVE AND INVESTIGATIVE, NOT CRIMINAL.

CPS ACTIONS MAY INCLUDE:

• INVESTIGATIONS

• SAFETY ASSESSMENTS

• SERVICE PLANS

• COURT REFERRALS

• TEMPORARY OR PERMANENT CUSTODY ACTIONS

HOW CPS CASES TYPICALLY BEGIN

A CPS CASE USUALLY BEGINS WITH:

• A THIRD-PARTY REPORT (MANDATORY REPORTER OR ANONYMOUS)

• A REFERRAL FROM LAW ENFORCEMENT, SCHOOLS, OR MEDICAL PROVIDERS

• A COURT OR AGENCY REFERRAL

PARENTS ARE NOT TOLD WHO MADE THE REPORT.

INVESTIGATION (ASSESSMENT) VS. COURT CASE

CPS INVESTIGATION

• CONDUCTED BY THE AGENCY

• OFTEN INFORMAL AT FIRST

• INVOLVES INTERVIEWS, HOME VISITS, AND RECORDS

• MAY INCLUDE “VOLUNTARY” AGREEMENTS

COURT CASE

• BEGINS ONLY IF CPS FILES A PETITION

• REQUIRES NOTICE AND COURT PROCEDURES

• INVOLVES A JUDGE AND FORMAL HEARINGS

NOT ALL INVESTIGATIONS BECOME COURT CASES.

COMMON CPS ACTIONS PARENTS ENCOUNTER

• HOME VISITS

  1. 1. 1. 1. • PLEASE NOTE THEY SHOULD BE LOOKING FOR CONCERNS REGARDING SAFETY, NOT IF YOUR DISHES ARE DONE.  SAFETY CONCERNS ARE RELATIVE TO THE AGE OF THE CHILD.

• INTERVIEWS WITH PARENTS AND CHILDREN

• REQUESTS FOR RECORDS OR RELEASES

• SAFETY PLANS OR SERVICE PLANS

• MEETINGS OR “STAFFINGS”

• WRITTEN OR VERBAL RECOMMENDATIONS

SOME ACTIONS OCCUR WITHOUT COURT INVOLVEMENT.

DOCUMENTATION MATTERS

CPS DECISIONS ARE BASED HEAVILY ON:

• CASE NOTES

• REPORTS

• INTERNAL RECORDS

• TIMELINES- *THERE ARE VERY SPECIFIC TIMELINES THAT ARE REQUIRED AND IN SOME STATES SAID REQUIREMENT IS STATUTE (OR LAW).

IF SOMETHING IS NOT DOCUMENTED, IT MAY NOT EXIST IN THE OFFICIAL RECORD. I STRONGLY ENCOURAGE YOU TO REQUEST EVERYTHING IN WRITING. EACH AGENCY SHOULD HAVE A POLICY MANUAL ONLINE AS WELL AS CONTACT INFORMATION FOR THE OMBUDSMAN UNIT. THE OMBUDSMAN IS SUPPOSED TO BE A THIRD-PARTY OFFICIAL AGENCY APPOINTED TO INVESTIGATE INDIVIDUALS' COMPLAINTS AGAINST A PUBLIC AUTHORITY.

COMMON PROCEDURAL ISSUES (EDUCATIONAL)

PARENTS OFTEN REPORT ISSUES SUCH AS:

• LACK OF WRITTEN NOTICE

• INFORMAL DECISIONS MADE WITHOUT DOCUMENTATION

• VERBAL EXPECTATIONS NOT PUT IN WRITING

• DELAYS IN PROVIDING RECORDS

• LIMITED OPPORTUNITY TO RESPOND BEFORE DECISIONS

THESE ARE PROCEDURAL CONCERNS, NOT CONCLUSIONS.

IMPORTANT BOUNDARIES

THIS PLATFORM:

• DOES NOT PROVIDE LEGAL ADVICE

• DOES NOT REPLACE AN ATTORNEY

• DOES NOT REPRESENT PARENTS OR FAMILIES

PARENTS ARE STRONGLY ENCOURAGED TO CONSULT A LICENSED ATTORNEY REGARDING THEIR SITUATION.

WHEN TO SLOW DOWN

PARENTS SHOULD CONSIDER SLOWING DOWN AND DOCUMENTING WHEN:

• REQUESTS ARE MADE VERBALLY

• AGREEMENTS ARE DESCRIBED AS “VOLUNTARY”

• MEETINGS OCCUR WITHOUT WRITTEN SUMMARIES

• DECISIONS ARE MADE QUICKLY

• RECORDS ARE NOT SHARED

DOCUMENTATION HELPS PRESERVE ACCURACY.

WHERE TO GO NEXT

IF CPS IS INVOLVED AND YOU NEED TOOLS TO:

• REQUEST RECORDS

• DOCUMENT INTERACTIONS ***GRAB A CALENDAR AND WRITE DOWN EVERYTHING AS IT HAPPENS!

• PRESERVE DUE PROCESS

• PROTECT THE RECORD

KEY PRINCIPLE

UNDERSTANDING PROCESS IS NOT RESISTANCE.
DOCUMENTATION IS NOT DEFIANCE.
ACCURACY PROTECTS EVERYONE.

BE POLITE, BUT FIRM.

IF YOU ARE HERE THEN IT INDICATES THAT YOU HAVE BEEN AT WAR WITH CHILD PROTECTION, FIGHTING FOR YOUR CHILDREN-FIGHTING FOR YOUR LIFE!  THE FIRST CHALLENGE IS ALREADY COMPLETE.  YOU CARE.  YOU ARE PUTTING YOUR ENERGY, YOUR HEART AND SOUL INTO YOUR BABIES.  

I HATED REMOVING CHILDREN, BUT I DID IT OFTEN.  UNLIKE A LOT OF CASEWORKERS IF A PARENT RESISTED, SHOWED EMOTION (EVEN ANGER) TO ME THAT WAS A GOOD SIGN.  THAT MEANT THEIR CHILD MATTERED TO THEM AND MAYBE JUST MAYBE THEY COULD MAKE THE CHANGES IN THIER LIFE THEY WERE GOING TO HAVE TO MAKE FOR THAT KIDDO!  I WOULD TELL MY CLIENTS, "I WILL GIVE YOU EVERY SINGLE TOOL I CAN, BUT ULTIMATELY IT IS GOING TO UP TO YOU IF YOU USE THEM AND YOUR CHILD GETS TO COME HOME".  

THE REASON THAT I AM MENTIONING THIS IS BECAUSE WHILE THOSE WERE THE PARENTS I HAD HOPE FOR- THERE WERE ALSO THE PARENTS WHO COULD CARE LESS.  I AM SURE YOU ARE THINKING THAT MUST HAVE BEEN RARE, BUT IT UNFORTUNATELY WAS NOT.  IF I HAD TO GUESS EVERY CASE WAS 50/50.  SURE SOMETIMES PARENTS WOULD "ACT" LIKE OR PUT ON A SHOW THAT THEY WERE DEVESTATED, ONLY TO FIND OUT LATER THAT NO MATTER WHAT I DID THEY JUST WERE NOT GOING TO PUT IN THE EFFORT, THE WORK, THE SACRAFICE NEEDED.

OF COURSE THAT IS THE MILDER SIDE OF WHAT IT IS REALLY LIKE TO BE A CPS CASEWORKER. I AM NOT EXCUSING THE CURRENT STATE OF AFFAIRS FOR MANY FAMILIES AND THE UNETHICAL BEHAVIOR OF MANY MANY CASEWORKS- AT ALL.  ULTIMATELY THE REALITY FAMILIES FACE TODAY WAS A BIG PART OF THE REASON THAT I RESIGNED FROM MY CARREER.  HOWEVER, I BELIEVE THAT PART OF EMOTIONAL INTELLEGENCE GROWTH IS HAVING THE ABILITY TO LOOK AT EVERY SCENARIO FROM CONTRASTING POINTS OF VIEW.  I DO WANT TO TAKE A MOMENT JUST TO ASK YOU TO THINK ABOUT THINGS FROM A WORKER'S POINT OF VIEW:

• IN MY TENURE I SAW, IN MY OPINION, THE WORST OF HUMANITY.  MY DAY TO DAY WAS RIDDLED WITH ACTS THAT THE AVERAGE AMERICAN WOULD NEVER EVEN CONSIDER HAPPENING IN THEIR TOWN, THIER NEIGHBORHOOD.  THE HORIFIC AUTROSITIES THAT PEOPLE WILL DO TO NOT JUST OTHER PEOPLE, BUT INNOCENT CHILDREN IS WELL BEYOND ANYTHING HOLLYWOOD WOULD EVER ACTUALLY PRODUCE.  I CARRY THE BURDEN OF THOSE CHILDREN WITH ME STILL AND PROBABLY WILL UNTIL THE DAY I DIE.  YOU NEVER KNOW WHAT CASE THAT WORKER JUST LEFT, WHAT DUTY.  COULD HAVE BEEN THE AUTOPSY OF AN INFANT, THE DECONTAMINATION OF A TODDLER.  THERE IS NO TELLING.  THAT WORKER MAY HAVE BEEN OUT ON CALL ALL NIGHT LONG THAT ENDED AT CHILDRENS HOSPITAL AND TRAGEDY.  EVERY CASE REQUIRES THE UTMOST ATTENTION AND COMES WITH THE POTENTIAL OF RISK- "WHAT IF I MISS SOMETHING AND THAT CHILD IS BEING ABUSED" IS A REAL THOUGHT DAILY.  THEY DON'T KNOW YOU OR YOUR CHILDREN.  THEY DO NOT KNOW THE CHANCE THAT YOUR BABY COULD BE THE NEXT CALL TO CHILDRENS.  AS I SAID DOES IT EXCUSE THIER BEHAVIOR, ABSOLUTELY NOT, BUT WE ALL ARE JUST HUMANS AND AS YOU ASK THEM FOR PATIENCE AND UNDERSTANDING-MAYBE SHOWING THEM SOME GRACE, DEMONSTRATING KINDNESS IS THE FIRST STEP?

DOES THAT MEAN YOU GIVE UP YOUR RIGHTS?  ABSOLUTELY NOT.  STANDING FIRM.  BEING ASSERTIVE AND EDUCATED IS EXACTLY WHAT ALL AMERICANS NEED TO DO.  YOU CAN BE ASSERTIVE WITHOUT BEING AGGRESSIVE- I WILL ADMIT I HAD TO LEARN THAT MYSELF.  IN TODAY'S WORLD OF "JUST GO WITH THE MASSES"  OR "DON'T ROCK THE BOAT"-PRACTICE THE WORD - N O  - DO NOT APOLOGIZE FOR HOLDING FIRM TO BOUNDARIES ESPECIALLY WHEN YOU ARE ACTING ON THE BEST INTEREST OF YOUR CHILD/CHILDREN.