While some Child Protective Services (CPS) cases end in up in court, the determinations of whether child abuse or neglect occurred are exclusively the domain of CPS- not the courts. CPS agencies in most states (26) use the fair preponderance of the evidence standard to determine allegations of child abuse and neglect. However, in 25 states and Washington, D.C., CPS agencies use an even lower standard of evidence: the some credible evidence standard (or similar standard in different wording). With this standard, you don’t need to reveal much for it to be met and if it is, your case will be substantiated with all the consequences that come with it.
The some credible evidence standard is fairly self-explanatory: it requires at least some evidence deemed worthy of being believed in support the allegation(s). If that evidence is obtained, the allegation(s) will be substantiated- it doesn’t even have to outweigh the evidence that the allegations are not true. The problem with the some credible evidence standard is not only how low the standard is compared to the beyond a reasonable doubt standard used in criminal prosecutions. First and foremost, what evidence can be considered worthy enough to contribute toward meeting the some credible evidence standard is not clear. It could be anything from hearsay to a positive drug test. Secondly, there’s also the issue of how much ‘credible evidence’ constitutes some credible evidence. Is it hearsay from a household member or would marks and bruises consistent with the account be required?
In the case of a CPS investigation, the some credible evidence standard can be satisfied on nothing more than a child’s word. If the allegation is that domestic violence occurred and a child says to a CPS investigator: ‘[mommy or daddy] were yelling and it made me feel unsafe,’ that’s enough to meet the some credible evidence standard on its own- especially if the parent has a domestic incident report from police response to an argument at some point in their life with an intimate partner. If the allegation is physical abuse, the child reports that corporal punishment is used in the home and there are marks and bruises, this also meets the some credible evidence standard- even if there are other plausible explanations for the bruises.
At CPSprotect Consulting Services, we have seen cases exactly like this. Often, families argue that the allegations were substantiated with no evidence. While there are corrupt CPS staff and this does occur, this is not always the case. Many cases where the court is involved do in fact accept what CPS is saying, because the threshold is that low. While we believe it’s morally wrong, this is how it works and by their rules, CPS had enough evidence in those cases. Understanding how the broad, subjective terms and low standards allow for CPS to substantiate many minor circumstances and take action disproportionate to the allegations is crucial to putting up the most effective fight you can to preserve your rights and protect your family.
For the best chance of making it through a CPS investigation successfully, it is paramount to minimize the amount of information CPS is able to obtain, while satisfying CPS just enough to keep the case out of the courts. Being mindful of what information you provide, when you provide and what CPS has the ability to obtain without your consent can be the difference between a substantiated case and an unsubstantiated one. It’s important to note that most civil courts (such as the family and juvenile courts) use the fair preponderance of the evidence standard- and that includes in their role in CPS cases. However, the determination of whether the allegations are true does not fall under the jurisdiction of those courts; it is solely at the discretion of CPS.
The higher the standard of evidence CPS uses in your state, the more room for error you have in the information you provide to CPS. While none of the standards used by CPS in the United States provide much room for error, there is an important difference. When considering where to raise your child(ren), considering both the standard of evidence and general CPS policies should be important considerations. While it may never affect you, it could and if it does, the consequences could be profound. If you live in a state where some credible evidence is the standard used by CPS to determine allegations of child abuse and neglect, it is even more paramount to make sure you know what to do before CPS gets involved- you may not have the luxury of accidentally leaking too much information and still getting through it with an unsubstantiated determination.
The following states (and Washington, D.C.) use the some credible evidence standard (or similar burden of proof in different words):
- Alabama
- Alaska
- Arizona
- Connecticut
- Florida
- Hawaii
- Illinois
- Iowa
- Louisiana
- Maryland*
- Massachusetts
- Michigan**
- Mississippi
- Montana
- Nevada
- New Hampshire
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Okahoma
- Oregon
- Pennsylvania
- Utah
- Vermont
- Washington, D.C.
*Some credible evidence standard for all allegations except physical abuse- for which the fair preponderance of the evidence standard is used instead.
**Some credible evidence standard for all cases except those with court involvement- for which the fair preponderance of the evidence standard is used instead.
