Can You Get a CPS Case Closed Fast?

Child Protective Services (CPS) is a government agency that investigates cases and reports of child abuse and neglect. It assesses and provides services to families and children to protect them from further maltreatment. If necessary to ensure child welfare, it can also go to court to file for removal of the child from the parent's or caregiver's custody.

CPS also aims to reduce these risks and increase the child's safety. They assess if a criminal action occurred and if the family needs CPS services for support.

This article explains what happens during a child abuse investigation. Whether you suspect child abuse or face suspicion, you should understand what happens next. A report of child abuse triggers a legal process. Navigating this process can involve sensitive and complex issues. 

CPS Is Legally Required To Investigate Complaints

CPS is legally required to investigate all child abuse allegations it receives. This is the case 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 getting the complaint.

The investigation may include background checks. The investigators also interview the parents, the child or children, and others familiar with the situation. CPS also conducts evaluations and safety and risk assessments.

What Constitutes 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. States, in assessing child abuse cases, often look at the following elements:

• There was an act or omission (failure to act) that resulted in a risk of harm to the health and welfare of the child;
• The act or omission affected the child; and
• A caregiver, a parent, or another person responsible for the health and welfare of the child committed the act or omission

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

What Happens During a CPS Investigation?

A CPS caseworker may take different steps after receiving a complaint. They may start with a home visit to speak to the child or the parents, foster parents, or family members of the child. The CPS worker may also physically examine the child for any evidence of abuse.

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

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

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

But, if the child is in immediate danger or if you don't cooperate, the child protective services worker may speak to the county attorney and have a petition filed in 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

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 send a notification to 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.

Getting 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.

How To Get a CPS Case Closed

In general, CPS cannot force a person to cooperate if they do not have a court order. Thus, if CPS knocked 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. Cooperation with CPS social workers can benefit your case after CPS or another law enforcement agency produces a court order. Cooperating with CPS may include the following:

• Providing documents
• Letting CPS into your home for inspection
• Answering questions

If you want the CPS case closed, it is best to do all you can before it goes to juvenile court.

You should 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.

How About When the Court Gets Involved?

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 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.

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.

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 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 understand better 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 that can assist you with your case. They will ensure you have the best chance of achieving a good outcome.

How 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.

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.

Medical Intervention To Treat Child Abuse Injuries

If the child shows suspicious injury, law enforcement must immediately assess the situation. Crucially, the child must also receive medical attention. The officers should also identify witnesses and collect pieces of evidence, such as securing high-quality images and scaling the injury size.

The U.S. Department of Justice released a guideline to help law enforcement officials differentiate between accidental or intentional physical abuse. The guide details crucial questions to ask when investigating the case. Initial questions that law enforcement officers ask are:

• Whether the child is safe in the environment
• Whether the child needs immediate medical help
• Whether the child needs long-term protection

A child with signs of suspected abuse will also have a medical evaluation performed. 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.

Child Abuse and Family Law: Additional Resources

There are various resources that you can read to help you have a better understanding of your case. FindLaw’s Family Law section houses a range of articles covering CPS, child abuse, and other family services. The following are some related articles you can access:

• Focusing on the "Best Interests" of the Child
• Preference for the 'Primary Caregiver'
• What Is a Mandatory Reporter of Child Abuse?
• False Allegations of Child Abuse

A Family Law Attorney Can Help You With Your CPS Case

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.