7 Myths about Child Welfare Cases

If a child has been abused, neglected or abandoned, Child Protective Services (CPS) may receive and investigate a report. This is an extremely stressful time for children, parents and caregivers. Unfortunately, there is quite a bit of misinformation about the child welfare system. If a child is removed from the custody of a parent or caregiver by a state agency, that is a dependency case. Parents and caregivers are entitled to have an attorney represent them. If after a trial, a judge finds that a child has been abused, neglected or abandoned, the child is adjudicated dependent. The parents receive a service plan that contains tasks for them to complete to have their child or children returned to their custody. If the parents do not complete the service plan, a petition to terminate parental rights can be filed, and the parents can permanently lose custody of their children. Every case is different, and this is just a brief summary of the process. Here are some common myths about child welfare cases.

1. CPS cannot talk to my children without my permission. This is not true. If a CPS worker interviews a child without parental consent, the parent or caretaker must be notified that the interview took place.

2. CPS cannot take pictures of my child or take my child for a medical exam unless I agree to it. Not true. CPS is allowed to interview the child, take pictures and make arrangements for a medical evaluation even if the parents do not consent.

3. If CPS determines that my child was not abused or neglected, all records are destroyed. False. If a report of neglect or abuse is “unfounded”, CPS will keep records of the investigation for three years from the date of the complaint.

4. I will never know the identity of someone who made a false report against me. Not true. If a report of child abuse or neglect was made maliciously or in bad faith, the person falsely accused can petition the Circuit Court for access to the CPS records including the identity of the reporter.

5. Child abuse records are kept on file forever. Not true. If a case is “founded” or valid, records are kept for 3 to 18 years depending on the severity of the abuse or neglect.

6. I can’t be taken to court for child abuse or neglect unless there are marks and bruises on my child. False

   The definitions of child abuse and neglect are broad and they include: causing or threatening to physically or mentally injure a child, failing to provide adequate food, clothing, shelter, emotional nurturing or health care, abandoning a child, inadequate supervision, committing an act of sexual assault or allowing a child to be sexually assaulted, and exposing a child to drug and or alcohol abuse.

7. CPS just wants to take children from their parents and put them in foster care. Not true. CPS social workers work with parents, the guardian ad litem, the parents’ attorneys and the judge to help the parents overcome the problems that caused their children to be adjudicated dependent.