CPS provides a lot of documentation, some of which will involve the Child Protective Services (CPS) investigator, Foster Care Case Manager, Prevention Services provider or other child welfare system employee requesting your signature. Signing any document has the potential for legal implications and therefore, should never be taken lightly. That being said, what kind of documentation might CPS provide for which you would be requested to sign and how should you respond to it?
Documentation, CPS or related personnel may request you sign include:
- Documents informing you of certain rights or events like a or a rights acknowledgement form. Or acknowledgement of emergency involuntary placement of your child(ren).
- Documents that function as contractual agreements with potential legal consequences if you fail to adhere to them such as safety plans, case plans, service plans and prevention services provision agreements.
- HIPAA consent forms for CPS to speak to your or your child’s medical or mental health provider(s), as well as review your or your child(ren)’s medical, vaccination, hospital and/or mental health records.
Documents informing you of rights you have or emergency involuntary placement do not need to be signed and shouldn’t be signed. That does not mean you shouldn’t accept the documentation and keep record of it. In fact, we strongly recommend you do so, that you read them carefully and that you share them with your child welfare consultant, licensed attorney and/or other legal professional for advice.
Documents that function as contractual agreements tend to be pushed harder by CPS to get your signature, but it’s important to be careful. The safety plan, which tends to be a time sensitive document, is very commonly pitched this way. The problem with signing a safety plan is that if you fail to adhere to it, then the environment is not safe and involuntary placement may be the next move. If you do not sign it and there’s not court involvement, CPS doesn’t have any evidence that you haven’t followed it and at Heartwork Defense, we recommend that you don’t sign the safety plan, but follow it, anyway.
Case plans (sometimes referred to as service plans) are used when a child is placed in foster care or prevention services providers are involved and working with the family. We do not recommend you sign such plans in most cases, but if you are in court and party to an agreement that requires supervision and adherence to the case plan, signing it may be a condition of the agreement. Even if you don’t sign it, this does not mean you shouldn’t adhere to the case plan’s recommendations and work toward the goals outlined. While we don’t endorse choosing to go with a CPS-contracted prevention services provider as defined in the Family First Prevention Services Act (FFPSA) and instead recommend you go with a Community-Based Organization (CBO) not contracted by CPS, if you do, you are required to sign the prevention services provider’s agreement. If you are in court or do not otherwise have an alternative option, it may be recommended for you to sign their agreement, but it should not be your first choice.
As a general rule, HIPAA consent forms should not be signed in most circumstances. If your child(ren) are currently in foster care, there is an argument to sign for that consent to ensure they have a complete medical history in the event of an emergency, but this is something you should discuss with your child welfare consultant and attorney before signing. Other than that, we tend to recommend against signing such documentation. As an alternative, you can provide select relevant records or a letter from the medical or mental health professional in question written on their professional letterhead and including their name, the patient’s name, the date of the last appointment, a statement that they’ve observed no signs of child abuse or neglect and their signature. That being said, CPS may be able to obtain your child’s vaccination records without your consent via a memorandum of understanding with the local department of health or education.
In our experience, many parents go into a CPS case with the assumption that CPS defines a good parent and a good home the same way they do; unfortunately, this is rarely, if ever, the case. When parents make this assumption, they end up trying to show how cooperative they are and how good they are as parents. Inevitably, they end up sharing too much information and signing documentation that ends up being used against them later. If you’re ever unsure about whether to sign a document or not, you can always request time to review the document (and consult with your child welfare consultant and/or licensed attorney) before signing. We’ve never seen CPS refuse such a request. With the right knowledge ahead of time and the right supports around you (emotional supports such as family and friends, as well as professional supports such as your child welfare consultant or licensed attorney), you can navigate a CPS case successfully with your family preserved and your rights intact.