How to Get a CPS Case Closed

If someone files a report about you to Child Protective Services (CPS), you can expect that CPS will investigate you and your family. Going through a CPS investigation is a stressful time. You may wonder who reported you and what you can do to end the case. The reporting individual’s identity will be confidential unless they choose to tell you. However, there are steps you can take to help your CPS caseworker close your case fast. The bottom line is to cooperate with CPS and show that you have nothing to hide.

What Is CPS?

Child Protective Services (CPS) is a local governmental entity. Depending on your local governmental structure, the state, county, or local law enforcement may oversee CPS.

CPS sometimes goes by other names depending on the jurisdiction, such as the Department of Child and Family Services (DCFS) or the Department of Social Services (DSS). Regardless of the agency’s title, its goal is to work toward child protection and welfare while keeping families together, if possible.

When Does CPS Get Involved?

CPS has an obligation to investigate any reports of alleged abuse it receives. It will investigate these claims even if they are false allegations. If you believe someone has falsely accused you of child abuse or neglect, you should still be cooperative with CPS agents and demonstrate that you have nothing to hide. However, hiring a child custody attorney might be necessary if your case goes to court.

Child Abuse

State laws vary on what rises to the level of child abuse. In general, child abuse includes:

• Hitting a child
• Isolating or excessively restraining a child
• Allowing a child to witness domestic violence
• Allowing a child to witness drug or alcohol abuse
• Sexual abuse or exposing a child to sexual content

Child Neglect

Most CPS cases involve reports of child neglect rather than abuse. A parent may be guilty of neglect if they are unable or unwilling to provide their child with basic care. Examples of child neglect include:

• Leaving young children unsupervised
• Preventing the child from going to school
• Not providing adequate shelter, food, or water to the child
• Not providing adequate treatment for a child with special needs
• Failing to seek appropriate health care or preventing a child from receiving medical care
• Exposing the child to dangerous conditions in the home, including unsafe living situations due to extreme temperatures, hazardous objects, drugs, or other environmental conditions

The above list covers what is generally considered child abuse or neglect. However, child welfare laws vary widely by state. A judge may be willing to dismiss your case if the allegations made against you do not rise to the level of abuse or neglect. An experienced child custody attorney can help you if you believe that your case is frivolous and should be dismissed. If your living situation is unsafe because of financial problems, you might be able to receive financial assistance. You can ask the social worker assigned to your case whether you might be eligible for assistance. Families with special needs children might qualify for additional services such as child care and daily living skills training.

What Should I Expect During a CPS Investigation?

A caseworker will usually contact you within two or three days of the report’s filing. It may be faster or slower depending on whether the case involves immediate danger to children. You are not legally required to cooperate with CPS unless they bring a court order. However, it’s in your best interest to work with them to resolve any issues in the home.

A CPS caseworker often starts by having a few simple conversations to determine how to proceed with your case. They will probably interview parents, stepparents, siblings, and your child. Further, they might decide to examine your child if the report alleged physical abuse. Next, it might be relevant to your case to review your mental health and substance abuse records. These reviews can help the investigator determine whether mental health or drug abuse prevention measures are necessary.

After the CPS caseworker has completed the investigation, they will advise CPS on whether further measures are needed to prevent abuse or neglect. In some cases, the caseworker might report a situation to the police for prosecution.

What Is a Child Safety Plan?

If your case involves neglect but does not involve immediate danger to children, the caseworker will probably send a social worker to your home. This social worker can help you create a child safety plan to ensure that your children are well taken care of and safe. This plan could take many shapes and forms. Social workers often advise the following in their safety plans:

• Family therapy
• Parenting classes
• Respite care plans
• Substance abuse treatment and drug tests
• In-home services for improving daily living skills

Before signing a safety plan, it’s a good idea to consult a local family law attorney. You will want to make sure that you understand all aspects of the plan and feel capable of complying with it. After all, your cooperation with the plan will be essential to getting your CPS case closed.

What Can I Do to Resolve My CPS Case Quickly?

The most important thing to keep in mind during your investigation is to cooperate with CPS. The purpose of CPS is to work toward the well-being of children and families. Their motivation is not to remove children from the home unless absolutely necessary.

To facilitate CPS’s investigation, it would be best if you:

1. Let the Investigator Into Your Home

A caseworker might want to ensure that your child’s home environment is safe. A home visit can also help them understand your family dynamics. However, it might not be a good time for you to receive a home visit when the CPS caseworker first arrives. You do not legally have to allow the CPS worker in. It would be best if you calmly ask them to return at a better time for you. You might also need this time to hire a family law attorney.

2. Provide Requested Documents

The caseworker might want to review certain documents, such as proof of employment, medical records, or your children’s school records. These documents help them understand whether you can provide a stable environment for your children.

3. Answer Questions

The questions your caseworker asks will vary depending on the nature of the report CPS received. If the report had to do with physical abuse, the investigator might ask if you or a loved one has experienced physical threats in the home. They might also ask who else lives with you and how long you have known them. If the report involved neglect, the caseworker might ask about your work hours, time away from home, and financial situation. You should answer all these questions truthfully. Be careful not to misstate your situation. Further, you should not feel that you have to answer any questions that you do not know the answers to.

4. Comply With Your Plan

If you signed a safety plan or other agreement with CPS, you must comply with it. Failure to comply might raise suspicions and could cause CPS to take further legal action. If you have concerns about signing any CPS documents, it would be wise to seek legal advice from an experienced family law attorney.

What Happens After CPS Closes My Case?

After CPS closes your case, the investigation will conclude, and you will not be under further surveillance. If nobody filed criminal charges against you, you can rest assured that the investigation will not end up on your criminal record or background checks. However, just because your case is closed does not mean the CPS records will be gone forever. If somebody files another CPS case against you, the authorities might reopen the old case.

When Do CPS Cases Go to Court?

A CPS worker might escalate your case in the legal system if they feel that your child is in immediate danger. After an attorney files a petition with the court, a judge will decide whether the child needs to be removed from the home. If you disagree with the outcome, you will need to take your case to court.

It’s a good idea to seek the help of a family law attorney to guide you through the court hearing. The stakes are high when you get to this point. Depending on your state’s laws, the judge can:

• Appoint a guardian
• Order child support
• Order abusive family members out of the household
• Dismiss the case if there is not enough evidence of abuse or neglect
• Remove children from the home with familiar caregivers or foster care
• Terminate parental rights if there is clear and convincing evidence this is needed
• Take any other actions they believe to be in the children’s best interests.

Find Experienced Legal Help

If you face a complicated case or false allegations of abuse, you should contact a skilled child custody attorney as soon as possible. Your attorney can help you avoid the emotional upheaval of a drawn-out CPS case. They can also help protect your parental rights and argue in your children’s best interests.