The public schools play a large role in Child Protective Services (CPS) involvement. After all, more than 1 in 5 reports to CPS in the United States is made by school staff. That’s more than 20% of all reports! Many parents report their children being pulled out of class and interviewed by CPS without their consent or notification. How did the schools become besties with CPS and is it legal? If so, how and what is the nature of the relationship between public schools and CPS?
All school staff are mandated reporters of child abuse and neglect in every state without exception. While educational neglect is only investigated by CPS in 23 states and Washington D.C., school staff are not limited to educational neglect. Even in states where educational neglect is not investigated by CPS, school staff can allege any concern they identify, such as potentially suspicious marks or bruises, coming to school with dirty clothes, changes in a child’s behavior suggesting a potential problem or something a child says. Since school staff have frequent, repeated contact with children, it’s not surprising they represent such a sizable percentage of reports made to CPS in the United States each year. This is true for public and private schools. That’s where the similarities end, though. Public schools and charter schools paid for with public funds fall under tighter governmental oversight and control. When this happens, departments talk. This means that when the public schools and CPS are under the same umbrella, that tends to come with privileges.
CPS often has a formal interdepartmental relationship with the public school system that allows them access to the schools and the children as needed. This is typically established as what is known as a ‘memorandum of understanding’ between the public school and CPS. In short, what this means is that when CPS requests to interview child(ren) it has received a report about, the school agrees to cooperate. When CPS receives a report and the child is enrolled in a public school, they will often try to interview the child(ren) at school first, as the parents are not present to run interference or influence the child(ren) during interviewing. It is seen as a way to get a cleaner, more honest account from the child(ren) than could otherwise be obtained in the home with emotions flying. However, if the interview is coercive, it may also result in the child(ren) giving statements that may cause CPS to overreact and paint a premature picture of the situation- especially where there is a vivid imagination at play.
CPS may also have access to public school records without direct school involvement. Even if they don’t, public schools will typically share such records with CPS, such as attendance, grades and special education services upon request. CPS may also interview relevant school staff including, social workers, guidance counselors, teachers and administrators. Parental consent for this relationship by CPS is passively implied by the act of the child(ren)’s enrollment in the public school system. So how can you preserve your rights and protect your family in the face of this cozy relationship when your child(ren) are required by law to receive an education?
At CPSprotect Consulting Services, we recommend private school education or homeschooling. Many home school pods have opened up across the country during and after the COVID-19 pandemic and in small groups, they can be more affordable. However, this is not always the case. Since charter schools are paid for using public funds, they may also be subject to the same agreement as the public schools and this should be assumed. If they use different record keeping systems, CPS may have less ready access to those records, but charter schools will still likely turn them over to CPS and do not require parental consent to do so. Private schools do not have the same relationship and while they are mandated reporters of child abuse and neglect, they may be more protective of their member families. Homeschooling allows for the most control and furthest distance from regulation. While home schooling regulations vary by state, it is always going to be the safest option. At the same time, homeschooling requires time and presence, which many families with two working parents may not have.
The relationship CPS has with public schools can make it difficult to retain control and presence over the initial interviews of your child(ren) conducted by CPS during an investigation. However, there are some steps you can take:
- Establish a strong rapport with your child(ren)’s school and staff with frequent communication
- If you have a heads up that child welfare may be called or has been called, keep your child(ren) home from school until CPS interviews them at the home and you get an idea of where the situation stands.
- Request copies of attendance records quarterly and ensure all student records are up to date.
- Educate your child(ren) not to talk privately with any adults at school they do not know and to let you know if they’re ever asked to.
While CPS and public schools can make it hard to retain control over where and how initial interviews are conducted, all hope is not lost. With careful planning and good decision-making, you can preserve your rights and protect your family- even when CPS maintains relationships with other governmental entities. An education is important for any child to have and when you take the steps to prevent the worst from happening, they can be free to pursue that education- a key part of the road to success.