Since Child Protective Services (CPS) investigators and supervisors are not licensed experts in all areas, they often require the assistance of specialists who consult with them on cases. These specialists are licensed practitioners in areas such as health care, law enforcement, domestic violence mental health and substance abuse- but what role do these specialized case consultants play and how do they fit into an investigation?
There have been many cases where CPS has gotten in trouble for removing children based on evidence they examined for which they were not ‘experts.’ To reduce the chances of this occurring, specialized case consultants have been hired or contracted to give their expert opinion on these issues as they arise in every case.
When CPS receives a report where there are either allegations of or evidence of a medical condition, mental health condition, substance use concerns or domestic violence of any household member, the CPS investigator will meet with the relevant consultant. The CPS investigator will discuss the case, the consultant will ask questions, advise the CPS investigator and provide recommendations or referrals for services, which the CPS investigator may provide to the family under investigation. Conversations with consultants typically occur after the initial visit on the case. How soon after depends on how busy the consultants are (it could be up to a few weeks before the meeting occurs due to consultant hours and unpredictability of CPS investigator schedules). Many cases involve CPS meeting with more than one consultant.
The medical consultant typically a licensed nurse practitioner or pediatrician and is consulted in any case where a medical condition of any household member is documented. The medical consultant educates the CPS investigator on the condition, advises what questions to make an appropriate determination and recommendations (if any) for supports or services. Due to the medical consultant not meeting with the family and not being the attending doctor of anyone on the case, recommendations offered to provide the family are typically limited.
The mental health consultant is typically a licensed clinical psychologist, clinical social worker or mental health counselor and does the same for CPS when a case arises where anyone in the household has or is believed to have a mental health condition. This is also done if the CPS investigator has mental health concerns about any household member. The mental health consultant is occasionally broken into up to three subspecialties: early childhood, adolescent and adult. Services commonly recommended by mental health consultants include various forms of psychotherapy, inpatient and outpatient psychiatric treatment and supportive case management.
The domestic violence consultant is consulted on all cases in which domestic violence is alleged or information collected during the investigation suggests domestic concerns as defined by CPS. Services typically recommended by the domestic violence consultant include counseling and parenting education. The domestic violence consultant may also have recommendations on how CPS should approach visitation (if relevant).
The substance abuse consultant is consulted on any and all cases in which substance use or abuse is alleged or concerns related to it are identified in any household member. This includes all illicit drugs (including marijuana), as well as suspected misuse of prescription or over the counter medications. Recommendations frequently made by the substance abuse consultant include inpatient or outpatient substance abuse counseling or other substance abuse related treatment.
These specialized case consultants may also provide testimony as experts in cases involving their area of expertise. In misunderstood or misdiagnosed cases of child abuse or neglect, this can be a serious issue when the medical or mental health consultants testify (please note that the medical consultant is not the same as a medical child abuse specialist). The domestic violence consultant may testify in cases in which domestic violence is an issue and can sway a judge to terminate parent’s rights. Due to their credentials, the remedial (family and juvenile) courts take the testimony of these specialized case consultants very seriously.
There are countless cases where families bring up valid concerns, whether with CPS directly or in court (if the case is in court), where the testimony of CPS-affiliated experts appear to be given more credibility by default. This tends to put families at a deficit in these areas. When you or your child(ren) have a physical or mental health condition, you immediately become more vulnerable to scrutiny in a CPS investigation and potentially severe consequences. Many medical conditions can also mimic child abuse. In addition, medical professionals are mandated reporters, which make any misunderstanding with medical professionals a risk for a report. This makes it crucial that you keep detailed documentation of your and your child(ren)’s medical and mental health conditions and any treatment provided. There are also medications that can cause false positives on a drug test, making it extremely important to keep detailed records of past and present medication use for you, your spouse, your child(ren) and any other household members- both over the counter and prescription. If there is chronic tension or a history of domestic disputes, make sure you have others who can back up what you say.
*The investigative consultant, another type of consultant often employed or contracted by CPS, is not included here, as they help CPS in a different way. The investigative consultant will be covered in a separate article in the future.