Can You Get a CPS Case Closed Fast?

CPS is a government agency that aims to protect children from abuse and neglect. It is often part of a state or county’s department of health or human services. CPS investigates claims of child abuse to determine if a criminal action occurred and if the family needs CPS services for support.

A report of child abuse triggers a legal process, usually involving CPS. Navigating this process can involve sensitive and complex issues. Whether you suspect child abuse or face suspicion, you should understand what happens next.

This article explains what happens during a child abuse investigation and how individuals can cooperate with investigators while protecting their rights.

How To Get a CPS Case Closed Quickly

There’s no guaranteed method to get a CPS case closed quickly. In general, CPS cannot force a person to cooperate with an investigation if they do not have a court order. If CPS knocks on your door, you may ask for a court order before answering questions.

In many states, CPS will have the right to speak with your children even without your permission.

After CPS or another law enforcement agency produces a court order, cooperation with CPS social workers can benefit your case. A few ways you can smooth out the process include:

1. Letting CPS Into Your Home for Inspection

You do not have to let the CPS case worker in if they do not have a warrant. However, it is in your best interests to let them inspect your home at a time that works for you. Ask them to come back at a time when you are prepared to answer questions and show that your home is a safe place.

Consider having a lawyer present with you during the home visit.

2. Providing Documents

Be prepared to show the caseworker relevant documents. This might include the child’s medical records, your pay stubs, school report cards, and other documents that show how the child is doing.

3. Answering Questions

Be prepared to answer questions related to the CPS’s report. Answer these questions truthfully. Common CPS questions depend on the situation and may include:

• How do you discipline the child?
• Is your home safe and clean?
• Who is available to help you with the child?
• Have you experienced any violence? Has the child?
• Have you or the child experienced an injury?
• Who else lives in the home?
• What are your work hours?
• Where do you keep medicine?
• Does the child have enough food to eat?
• Does the child attend school regularly?

Take time beforehand to consider the questions they might ask you and your answers.

4. Engaging a Lawyer Early

If you want the CPS case closed quickly, it is best to do all you can before it goes to juvenile court. This includes working with a lawyer early in the process. A lawyer can help you throughout the process, including determining:

• What unique information to provide to the caseworker
• How to answer expected questions
• Whether you should sign any agreements the CPS presents to you

Remember that CPS workers and the local department of social services must do their jobs to guarantee your child’s safety. CPS and family services departments prefer not to separate the child from their parents unless it becomes absolutely necessary. One of the best ways you can get your CPS case closed fast is to comply with any CPS agreement or safety plan.

What Happens if CPS Cannot Find You?

It is not a good idea to hide from CPS. If CPS cannot find you, they will start by expanding their search. They may contact your relatives, employers, and other acquaintances. They might even use tracking databases to locate your phone or reach out to the police if they fear for the child’s safety.

Even if they cannot find you, CPS can still start a legal case against you. They will attempt to serve you with the court documents, but if they are unable to find you, they will do this by publication (such as posting the notice in a newspaper).

If you do not show up to court or comply with the court orders, you can face legal consequences. For example, if CPS can prove abuse/neglect, they might be able to terminate your parental rights.

What Happens During a CPS Investigation?

A CPS caseworker may take different steps after receiving a complaint. Typically, an investigation will include a home visit, background checks, evaluations, interviews, and potentially a safety plan or court petition.

CPS is legally required to investigate all child abuse allegations it receives, regardless of whether they have merit or are false allegations. These investigations may vary from a simple conversation to a full investigation.

The officer will likely contact you within 72 hours of receiving the complaint.

The CPS investigation timeline will depend on the particular agency as well as the facts of your case, but typically includes:

1. CPS Home Visit

CPS may start with a home visit to speak to the child or the parents, foster parents, guardians, or family members of the child. The CPS worker may also physically examine the child for signs of abuse.

2. Interviews With Child(ren) and Caretakers

CPS will interview the affected children and their caregivers. They may also interview any alleged perpetrators, friends, relatives, coworkers, and other acquaintances.

3. Record/Evidence Review

Another thing the caseworker may do is look into the mental health, medical, and criminal records of the child and the alleged abusers. This will help the caseworker see if there is a history of substance abuse or other issues.

After the investigation, the caseworker will assess if enough evidence exists to conclude that the child suffered neglect or abuse and CPS needs to intervene to ensure the child’s well-being.

4. Safety Plan

If there is evidence of neglect, CPS may assign a social worker who will work with you to develop a safety plan to ensure the child’s safety. This may include:

• Taking parenting classes
• Taking drug tests and getting help with any drug-related problems

5. Court Petition

If the caseworker believes the child is in immediate danger because of emotional or physical abuse, they may petition the family court or juvenile court. The petition may ask the court for:

• Temporary custody of the child
• Placement of the child in foster care
• An order requiring the parent to participate in the safety plan

The judge will review the petition and decide whether to remove the child from the home.

If you disagree with the judge’s decision, you can take the case to trial. At the court hearing, the judge can decide to do one or more of the following:

• Order the parent to cooperate on the case plan with social services
• Order the alleged abuser to leave the home
• Order the child to be removed and placed with a foster family or another relative
• Appoint a guardian ad litem (attorney for the child)
• Order the parent to pay child support
• Dismiss the petition

State laws set the guidelines for conducting the trial and establishing the trial timeline. But, states and localities must comply with federal guidelines to access federal funding. In most cases, the judge must find clear and convincing evidence before terminating parental rights.

Can a CPS Case Be Dismissed?

The judge can dismiss a CPS case if it determines CPS has not provided enough evidence to substantiate the allegations. In such cases, CPS can’t continue its investigation unless the family consents.

How Long Does a CPS Case Last?

Although the timeframe depends on the case’s particulars, CPS usually has about 45 days to complete an investigation.

If the investigation takes longer than usual, CPS must notify the parents stating the reasons for the delay.

How Do I Know if My CPS Case Is Closed?

In most instances, CPS will send you a letter to inform you that they have closed the case. They usually send this letter within 90 days after the investigation.

You also have the option to follow up with CPS to check the status of your case. Make sure to record your correspondence with CPS.

How Can I Get Access to CPS Records?

You are often given access to CPS records. But the identity of the person who made the allegations against you is confidential. Look into your state laws to learn how to request access to CPS records and the court case.

What Constitutes Child Abuse or Neglect?

State laws define what constitutes abuse or neglect. Generally, any physical, mental, or sexual abuse during the child’s life will be subject to a child protection investigation.

State child abuse laws typically apply when a caregiver, parent, or another person responsible for the child’s welfare acts or fails to act in a way that harms the child.

Neglect, conversely, is usually defined as the failure of a parent or guardian to provide proper childcare. This may include:

• Failing to provide food, shelter, or medical care for the child
• Not finding someone (such as daycare or relatives) to watch your young child when you are unavailable to care for them
• Not putting your child in school (half the states and DC have this rule)
• Not giving the required additional treatment for children with special needs

Child endangerment is related, although slightly different. It typically involves putting a child in a dangerous situation. And it can lead to either misdemeanor or felony charges, even if no actual harm results.

How Do Investigators Examine Abusive and Accidental Injuries?

Children get bumps and bruises all the time. Whether they’re playing sports or just running around at home, accidents happen.

But certain types of injuries are more commonly associated with abuse. Depending on the age of the child, there may be indicators that they have experienced trauma.

For example, an elementary school-aged child might have difficulty sleeping or concentrating. A high school-aged child may engage in self-harm.

State law generally requires medical professionals to report any injuries they suspect stem from child abuse or neglect. When a report is made, law enforcement must immediately assess the situation. The officers will identify witnesses and collect evidence, such as securing high-quality images and scaling the injury size.

Signs of Accidental Injuries

Accidental injuries commonly occur along the bony parts of the body. This includes the knees, elbows, chin, and forehead. These accidental injuries are usually caused by less force compared to intentional injuries. Some exceptions would be motor vehicle accidents or falls.

Signs of Abusive Injuries

On the other hand, abusive injuries are found in "primary target zones." Primary target zones are areas like the back of the child’s neck or behind the child’s knees. Injuries around this area are viewed with suspicion. Thus, the child welfare officers involved will further investigate the issue.

A child with signs of suspected abuse will often have a follow-up medical exam. A pediatrics professional trained to examine an abused child will handle the case. If the injury is a medical emergency, the child will be brought to an emergency room.

Law enforcement officers will stay with the child and their family. In non-emergency situations, the professional will schedule a medical evaluation. The timing of the medical exam is less critical. After a referral, the child should have a medical examination scheduled within one to three days.

During the medical examination, professionals will collect and provide evidence to law enforcement officers. These pieces of evidence will show whether the child sustained chronic or acute trauma. Many healthcare facilities have forensic nurses who are specially trained to work with child victims. They are also trained to collect evidence and testify in court.

Using Evidence of Child Abuse Cases in Court Proceedings

The child’s injury is not itself conclusive evidence of abuse. A district attorney must clearly present medical evidence and information. They may also present medical testimony, pictures, or X-rays. These pieces of evidence will help the judge and the jurors understand the issue.

The goal of presenting evidence and medical records is to educate the court. They must make an informed decision about the accused abuser’s guilt or innocence. The court should assess the history of how the child abuse and neglect occurred. The child’s medical records — and testimony by medical professionals — will help the court determine whether the child suffered abuse (as defined by law) or whether the injury was accidental.

Such information also aids the court in reaching an accurate conclusion.

If CPS and the Court Find Abuse: Removal of the Child

Out-of-home care (also called foster care) is a court-monitored process that removes the child from their home due to child maltreatment.

Before the child is removed, child welfare services should make reasonable efforts to contact the child’s family members. In-home services may help maintain contact between the parent and child. This may happen through a referral by child protective services staff.

While the child resides in in-home care, the parents are offered services to address the issue that led to the child’s removal. This is intended to prevent family separation and support reunification. Human Services (or Child Protective Services) will assist the family with maintaining the child in the home.

But, if the child victim is still at risk, the court may order the child to be removed and placed into foster care. Court records will document the parents’ efforts to fix the conditions that led to the child’s removal from the home.

The child will be placed in the custody of the local human or social services department. They will then stay with caregivers. Caregivers generally undergo an assessment and certification process. This ensures that the caregivers are suitable to care for young children. Overall, the process considers the child’s well-being.

In certain cases, CPS may authorize the child’s removal from the home. Removal happens after the issuance of a court order or in an emergency situation. If there is an immediate risk or evidence of child sexual abuse, investigators can remove the child.

CPS may approve a suitable relative or family friend to provide child care. The child may reside with that person while the case progresses through court.

How Do You Fight a CPS Case?

If you believe CPS is wrongfully accusing you of child abuse, there are ways you can contest it. First, you can research your state laws to better understand the situation and how to protect yourself. It is best to consult a family law attorney for complicated cases or if your case goes to court.

A family law attorney is a legal service provider who can assist you with your case. They will ensure you have the best chance of achieving a good outcome.

The CPS investigation process can be very stressful and leave you concerned about your family’s future. Although you are not legally required to retain an attorney, hiring one can be helpful. This is particularly true since your child’s future may depend on it. Speak to a family law attorney near you for answers and legal advice.