There’s a lot of confusion in the public eye as to who is actually responsible for determining whether child abuse or neglect occurred in CPS cases: CPS or the court? If the court is involved, aren’t they determining guilt? Does the court have veto power over CPS? How can a determination be overturned?
The answer is simple, but it can complicate the resolution. CPS is solely responsible for conducting the investigation and determining whether or not child abuse or neglect occurred; the court acts as CPS’ hammer as needed to force compliance. The court has no say in the determination on the allegations. Thankfully, in 46 states, something called an administrative review is offered. The administrative review is an appeals process directly to CPS to overturn the determination and get your name removed from the registry if the allegation(s) in your case were substantiated. The good news is that in most cases, it’s easier to win an administrative review than it is to fight in the court. The bad news is that even if it’s easier, it’s still not easy.
The administrative review is designed as a formal appeals process. When you receive the written notification of the substantiated allegation(s), you will have a limited window to request an administrative review (usually a few weeks to a few months from date of notification). The administrative review process varies by state. In 46 states, an administrative review is obtained by written request submitted directly to CPS. In four states, a subject must petition the court to obtain an administrative review (the states are all listed at the end of this article). Of the states that offer administrative reviews, have live hearings as part of their administrative reviews, while others limit it to a written submission.
Once the written request has been submitted or the petition has been filed and granted, the administrative review is scheduled and conducted. If you’re in a state that offers a live hearing, you will have the opportunity to present your case in front of the administrative review panel. You can typically bring your attorney, advocate, consultant or other assistance with you (this may not always be the case. Check your state’s policies for clarification). Once you’ve presented your case (in writing or in an in-person hearing), CPS will have the opportunity to present their case as to why they did right thing and determined the allegation(s) appropriately. The administrative review panel will then meet, review all the documentation of the case and a finding will be issued. Depending on your state and circumstances, this may not occur right away and you may receive the news in the mail. Once this is ruling is made, it’s final. There’s no further appeal process to overturn the allegations.
An administrative review is the prime opportunity to bring up policy violations, as such violations can be enough to get the substantiated allegations overturned and your name removed from the registry entirely. At CPSprotect Consulting Services, we’ve seen it happen. For example, there are specific time frames for written notification of investigation and/or indication and if it wasn’t received in time or at all, that alone can be enough to win an administrative review.
While an administrative review doesn’t automatically get court taken out of the equation (if there’s court involvement), it makes it much more likely and tends to speed things up. When CPS can’t substantiate the allegations, they lose any standing they have in court; from CPS’ point of view, if there are no substantiated allegation(s), then there’s no reason for removal. If you don’t know what the substantiated allegation(s) are, it doesn’t mean they don’t exist. It just means you don’t know what they are and you need to find out.
Before going into an administrative review, make sure you can articulate exactly what the policy violations are, how they were violated be able to cite the specific policies from memory. Gather all the supporting evidence you have and be ready to present it (either in writing or in person at the administrative review- depending on your state). Even better, meet with a child welfare consultant, attorney or advocate you trust and get their assistance in preparing for the hearing.
While the administrative review process is far from ideal, it is something and it should be taken advantage of. Unfortunately, many families miss the limited window to request an administrative hearing and therefore, lose out on the opportunity to contest substantiated allegation(s). If CPS substantiates allegation(s) against you, don’t make the same mistake. At CPSprotect Consulting Services, our child welfare consultants are ready to help you prepare for an administrative review if need be.
Subjects are Entitled to Administrative Reviews without petitioning the court in the following States and Washington, D.C.:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Jersey
- New Mexico
- New York
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington State
- West Virginia
- Wisconsin
- Wyoming
- Washington, D.C.
Subjects may petition the court for an administrative review in the following states:
- Delaware
- Louisiana
- New Hampshire
- North Carolina