It’s commonly assumed that in order to be determined responsible for child abuse or neglect by Child Protective Services (CPS), you need to be a parent or other primary caregiver to child(ren). Don’t be fooled- just because they’re not your children doesn’t mean you can’t be held responsible by CPS. While terminology may vary by state, individuals who can be determined responsible for child abuse or neglect are commonly referred to as persons legally responsible (PLRs). PLRs are formally defined in statute in several states. In 19 states, any person- regardless of connection to the child(ren)- can be subject to investigation by CPS. However, in order for a report to be accepted, there typically must be some degree of connection or interaction- even in states that don’t formally define a PLR.
Taking the inconsistency of its definition and the prevalence of CPS involvement into account, what makes someone a PLR? Caring for child(ren). How much care do you have to provide in order to be held responsible by CPS? Well…it turns out you don’t need to do much.
A PLR only needs to have provided care in some form to a child and have some kind of relationship to them. For example, a single mother with two children is dating a man who spends time at the home once or twice per week on average. He has occasionally gone grocery shopping when the mother was sick and has cooked a few meals on the grill for the family. He otherwise has not had much interaction with the child(ren). In the event allegations are made against him, the boyfriend would qualify as a PLR. Keep in mind that he is not the father, he is not a legal guardian of the children, he does not live in the home and his only connection to the children is that he’s dating the children’s mother. Still, his minimal actions are enough for CPS to identify him as a PLR in a CPS investigation.
Often overlooked, elderly relatives, adult siblings and friends living in the home can also be considered PLRs. If an elderly relative is babysitting the minor child(ren) while the parents are out and they run in the street and almost get hit by a car, CPS may be called. If so, they can be held responsible. Adult siblings living in the home, especially if they are of college-age, may not be the most responsible. If they bring something into the home CPS may deem unsafe or has been seen involved in unsafe behavior around the children and CPS is called, they can be held responsible, too. Adult friends living in the home may have the same difficulties- whether or not it is a temporary arrangement. All they have to do is provide some sort of caring responsibility- even if indirect and on a very infrequent basis. That could be supervising the child(ren) for a minimal period of time, providing transportation and caring responsibilities for extracurricular activities or taking the child to a sporting event. The threshold for what constitutes a PLR is particularly low as defined by CPS.
Paid professional caregivers such as nannies are at risk of being a PLR, too and yes, CPS could substantiate allegations against a nanny. They are still providing care such as supervision, feeding, transportation and safety that exceed the criteria for being a PLR. Professional nannies typically go through extensive training and background checks, but CPS investigations against professional nannies do occur.
If an alleged subject of child abuse or neglect does not meet the definition of PLR in a state that defines it in statute, allegations cannot be substantiated against him or her by CPS. If an atypical subject has allegations substantiated against him or her and is found to be a PLR, the consequences are typically minimal with a couple of exceptions:
- If there is a safety concern over domestic violence, the subject may be required to move out of the home in order for CPS to deem the environment safe.
- If the subject works in a child caring field such as education, daycare, pediatrics or other child service provider, they may not be allowed to work in their profession for ten years or more depending on the state and substantiated allegations.
While there are cases where CPS will substantiate anyway, this is something that can overturn an allegation upon administrative review. Therefore, it’s important to think about how PLR is defined and whether or not you could fit that definition. However, not being a PLR only excludes you from a substantiated allegation by CPS; if the allegations are also being investigated independently by law enforcement, different rules apply and you can be held responsible according to those rules.
As made clear in the examples above, you don’t have to be a child’s legal guardian or a household member to be held responsible for child abuse or neglect by CPS. Those examples are not comprehensive- there are others who can be held responsible for CPS. For those that are not a child’s guardian, the options for help are even fewer than for legal guardians.The more you know, the better off you’ll be.