Sometimes, CPS comes across a case that only has one foot in its jurisdiction. Many states have local CPS offices at the county level and each of these offices has jurisdiction over its respective county, meaning no other CPS office can operate in the county. Nationally, no CPS agency can operate outside of its own state- but why not?
Here’s why: CPS can’t operate outside of its own jurisdiction is…they might anger the CPS agency that does have jurisdiction. Like a guard dog protecting his family and the property that they call home, CPS agencies are extremely territorial. Their zone is their zone and no other CPS agencies are allowed in without their explicit permission. This is where the out of town inquiry comes into play.
The out of town inquiry, referred to as an out of state inquiry in some states when the inquiry is interstate, is a heavily bureaucratic way of circumventing this obstacle, while respecting the territory of the other CPS agency. There are many situations where an out of town inquiry may be required. These are several common examples:
- The parents are divorced with shared custody of the child(ren), where one lives in the CPS agency’s jurisdiction and the other does not, so an out of town inquiry is performed to assess the living conditions in the residence outside of the CPS agency’s jurisdiction and interview the other parent.
- A family’s home is being renovated and they’re temporarily residing with relatives outside of their jurisdiction. In order to conduct interviews of all household members and assess the home where they’re residing, an out of town inquiry is required.
- An out of home placement is required and a kinship placement outside the CPS agency’s jurisdiction is suggested by the parent. The CPS agency needs to assess the home for suitability and therefore, an out of town inquiry is required.
- The child(ren) are placed in kinship care with a relative outside of the CPS agency’s jurisdiction, while the parents remain within their jurisdiction. Therefore, to conduct home visits, an out of town inquiry is required.
- Under the Interstate Compact on the Placement of Children (ICPC), home visits must be conducted by the receiving state. However, these types of inquiries are included in the implementation of the compact.
The out of town inquiry adds more parties to a case, involving multiple steps and increasing the time it takes to complete the tasks required, delaying investigation completion and eventual case closure. Here’s how it works:
- The sending CPS investigator identifies a need to operate outside of its jurisdiction in order to complete a required action in a given case.
- The sending CPS investigator contacts the relevant state hotline to request an out of town inquiry.
- The hotline opens an out of town inquiry case and sends it to the local CPS office in the jurisdiction of the receiving CPS agency.
- The receiving CPS investigator contacts the sending CPS investigator for more details and information on exactly what is being requested. They discuss it (usually by phone and/or e-mail).
- Within about 5 business days, the receiving CPS investigator fulfills the operation on behalf of the sending CPS agency, documents accordingly and sends the documentation back to the receiving CPS agency.
- If no other need is identified, the out of town inquiry will be closed and the receiving CPS agency’s involvement ends. If there’s additional work to do on the case in that jurisdiction, the out of town inquiry may remain open or another out of town inquiry may be made later.
At CPSprotect Consulting Services, whether to embrace the need for an out of town inquiry should be addressed on a case-by-case basis. If it’s to assess for a kinship placement or access a kinship placement for a follow-up home visit while the case is litigated in court, it’s typically best to agree to it, as a kinship placement is likely better than traditional foster care if you otherwise have no choice in the moment. However, if it’s a home assessment due to one parent with shared custody living out of state, the CPS agency doesn’t have the jurisdiction and neither does the court in the state where the CPS agency has jurisdiction, making it more difficult for them to force their way in. If you’re residing in another state while the case is open, it’s a gamble, though- it all depends on whether the potential receiving CPS agency believes it’s a concern and if they do, they may take ownership of the case themselves. If they don’t, then the case stops dead in its tracks and will likely close due to insufficient evidence.
That being said, every case is different and treating any CPS case like you would a cookie cutter would be a mistake. Whatever you do, maintain your composure and make the choice that gives you the best chance of the best outcome available to you. Through UrgentAssist, our child welfare consultants are here to guide and assist you every step of the way. Remember, the smallest mistake you make could prolong your case by months- and even increase your risk of termination of parental rights. Make the right decisions and you’ll come out of it with your family whole- whether it’s over out of town inquiries or any other decision, make sure it preserves and protects your family.