Domestic Incident Reports (DIRs) are police reports of alleged or confirmed domestic violence incidents. These are written when the police respond to a 911 call or in-person report of domestic violence. This can be verbal, physical or both. Even if no one is arrested and all parties deny any domestic violence occurred, a DIR will still be written. If a law enforcement officer observes child(ren) in the home, they will call CPS to investigate, as law enforcement officers are mandated reporters in every state. CPS, typically through investigative consultants either employed by CPS or contracted by CPS, obtain domestic violence and criminal history information on each case and use it to inform safety of child(ren) in the home. This is typically done early in the investigation- usually shortly after the first visit. If household names, addresses and dates of birth are included on the report, it may be done before the first home visit. Investigative consultants are typically former law enforcement officers.
Most allegations involving domestic violence involve the child(ren) being present in the home for a verbal or physical altercation between adults in the home- whether or not they were directly exposed to it. The child doesn’t even have to be in the room! CPS alleges this is due to the risk of Post-Traumatic Stress Disorder (PTSD) in the child(ren) due to the exposure to alleged domestic violence. The most common allegation domestic violence concerns fall under is inadequate guardianship (the exact term may vary from state to state). Occasionally, lack of supervision may be used instead of or in addition to inadequate guardianship. While this is typically reported by law enforcement, as they’re legally mandated reporters to CPS, this is also occasionally reported by neighbors when residences are in particularly close proximity (such as townhouses, apartment buildings, condominiums or small houses built particularly close together).
Inadequate guardianship is a non-specific allegation of neglect that simply means your child(ren) were exposed to an event in which you were involved that may have negatively affected your child(ren) physically or mentally or had the potential to do so. Regardless of whether there is an allegation of domestic violence, CPS does obtain any and all domestic incident reports on any adults that are part of the household- no matter how old or relevant the documented incident(s) may be. In the eyes of CPS, allegations of domestic violence plus historical DIR(s) are a significant safety concern. Combined with either eyewitness accounts or occasionally hearsay, this is likely to result in a substantiated case and removal of the alleged offending parent from the home.
If there are multiple DIRs, CPS determines that the risk for domestic violence is high or CPS believes the child was directly or indirectly exposed to a domestic violence incident of any kind perpetrated by a household member, CPS will seek an order of protection for the non-offending parent and the children- requiring the alleged offending parent to leave the home and be relegated to supervised visitation. CPS will do this even if an order of protection protecting the non-offending parent is already in place. If this occurs, the case is almost always substantiated. If the order of protection is granted (when CPS files a petition for it, the order is usually granted), CPS will be involved as long as it takes for the alleged offending parent to be considered safe to return as CPS defines it. This can take anywhere from months to years to resolve- sometimes, it results in a termination of parental rights (TPR) for the offending parent.
Unless there is significant danger to you, it is best to avoid calling law enforcement and instead address the issue yourself or with a neutral mediator to avoid the possibility CPS uses it against you. If CPS does identify a safety concern- either due to allegations of domestic violence or a review of DIR history, we at CPSprotect Consulting Services recommend the non-offending parent obtain an order of protection against the alleged offending parent, which protects themselves and the child(ren) and have the alleged offending parent move out temporarily. Once CPS is no longer involved, the non-offending parent can let the order lapse and the alleged offending parent can return to the home. This minimizes CPS involvement, avoids CPS getting the court involved and helps you remain in control.
It is vital to make sure the order protects both the non-offending parent AND the child(ren) against the alleged offending parent. At CPSprotect Consulting Services, we have seen many caregivers who received an order of protection in criminal court protecting only them and not the children. If you don’t do this, CPS will take it to court to get a separate order protecting the non-offending parent AND the children, so make sure the order is correct. This applies even if you already have an order that protects you and your child(ren) reside with you. Otherwise, you may face months or years of additional CPS involvement through what CPS and the courts tend to call court-ordered supervision.
When an order of protection only protects the non-offending parent, CPS will take the case to family or juvenile court, which could last as long as it takes to reunify the alleged offending parent with your child(ren) or the alleged offending parent’s parental rights are terminated. During this time, supervised visitation may be required and CPS will continue to visit you regularly to check on the child(ren) for what is known as Court-Ordered Supervision (COS). If CPS identifies anything during COS visits, a separate investigation may be opened into you, too. Remember, CPS is only focused on the safety of the child(ren), so if it doesn’t protect them, then according to CPS, the child(ren) are not safe. This can be the difference between less than two months of CPS involvement with an unsubstantiated determination and years of CPS involvement with a substantiated determination.
NOTE: If you are experiencing domestic abuse at the hands of your spouse, partner or other household member, do what you have to do to keep yourself and your child(ren) safe. While it is important to keep the potential for CPS involvement in mind, it’s difficult for you to take care of your child(ren) if you’re in serious danger. Never sacrifice yourself to avoid the possibility of CPS involvement in a domestic abuse situation.