While the details of CPS case operation differ by state, the general framework is set on the federal level in the Child Abuse Prevention & Treatment Act (CAPTA). A CPS case is typically divided into three stages; while the specific names of these stages may vary across states, the functions and sequence are consistent. Let’s take a closer look at each of these stages, how long they last and what occurs in each stage.
Intake
No CPS case starts without a report to the state or county hotline (depending on the state). A reporter calls the hotline and provides information on the allegations, family composition, location and contact information for the family and any other information pertinent to CPS reporting practices in your state. Once that information is collected, a decision is made as to whether to accept the report for investigation. More than half of reports made to state hotlines are accepted for investigation. It is also at this time that if a state has a differential response, that a case may be assigned a priority level depending on the allegations or to an alternative response track (if available in your state). If the report is accepted, the report is sent to the local office for investigation, where it is assigned to an investigator and the intake stage is closed; if the report is rejected, the case is closed at this stage and does not proceed further.
Investigation
As soon as the case is sent to the local office for further investigation, an investigation stage is opened. This is the main evidence-gathering stage and depending on the state, is time-limited to anywhere from a maximum of 30-90 days in duration.
During the CPS investigation stage, the assigned CPS investigator will investigate the allegations reported and the overall safety of the child(ren) named in the report. This will include interviewing all household members (including the alleged subjects, all children and all other adults), neighbors, the reporter of the allegations (if the report was not made anonymously), other collateral contacts (if provided by the family) and specialty consultants used by CPS (if needed). CPS will also assess the home, try to speak with the child(ren)’s school (if school age), get access to medical records, vaccination records, criminal records, domestic incident reports, educational records (if the child(ren) are enrolled in public school) and more.
They will also conduct a safety assessment (and a safety plan if the safety concerns documented in the safety assessment score high enough to for an immediate or impending danger classification), risk assessment and a child trafficking screen. If a foster care or kinship placement is done, it will be done during this time, as well. Once all documentation of the investigation is done and evidence is collected, a determination will be made on the allegations. Depending on the evidence gathered, the allegations may be substantiated or unsubstantiated. Once this is completed, the investigation stage is closed. If there are no prevention services in place or court involvement in place, the case is closed at this point and goes no further. If a Child Welfare Services stage has been opened and a subsequent report is made, a new investigation stage will be opened under the same case number and this stage will be repeated with the new report. This stage also applies to alternative response cases, but with different rules.
Child Welfare Services
A Child Welfare Services stage can be opened at any time during a case and is used whenever a child is placed in foster care or kinship care, prevention services as outlined in the Family First Prevention Services Act (FFPSA) are in place, or there is any other type of court involvement on the case. A Child Welfare services stage will remain open for as long as court or prevention services remain active. This is where the CPS investigator, the contacted foster care case manager or the Prevention Services provider will continue to document their home visits, court reports and other relevant case documentation.
If foster care or kinship care placement has been made, the foster care case manager will be responsible for the case. If it’s court-ordered supervision, but the family remains together, it may be the CPS investigator or another type of CPS investigator in a different department that provides the home visits. If it’s prevention services, then the prevention services provider or contractor will be the primary worker in the Child Welfare Services stage. Once all active court or other services on the case cease, the Child Welfare Services stage is closed and with it, the entire case.
While every case is different, if a report is made and CPS investigates you, the ultimate goal (aside from a determination of unsubstantiated) should be to minimize the stages that open. While you don’t have control over an intake stage, your goal should be for it to end at the investigation stage. If a Child Welfare Services Stage does end up getting opened, the goal should be to have it closed as quickly as possible with an outcome you desire and to not have any additional investigation stages opened. While some of the details may vary by state, all Child Protective Services cases in the United States follow this sequential framework for cases.