When a report is made alleging child abuse or neglect has occurred and the hotline accepts it, an investigation into the allegations commences shortly after. The investigation into the allegations reaches one of two conclusions: substantiated or unsubstantiated (sometimes referred to as indicated or unfounded). In effect, they’re big words referring to a guilty or not guilty verdict. There’s a lot of confusion over what a substantiated case means when it comes to Child Protective Services (CPS) and how to fight it. Let’s explore what it means and what to do about it.
The burden of proof varies by state, but the majority of states use one of the following two standards of evidence (also known as burdens of proof) to determine allegations of child abuse and neglect: a fair preponderance of the evidence or some credible evidence. If they meet the standard of evidence they’re required to in your state, the case will be substantiated; if not, it’ll be unsubstantiated. This is entirely at the discretion of CPS. The courts play no role in determining cases of child abuse or neglect. In this sense, CPS is the judge and the jury, while the court, when called upon by CPS, acts as the executioner’s assistant. Sometimes, mercy is shown and in others, parental rights are terminated- often referred to as the death penalty of child welfare.
If the allegation(s) are substantiated, you’ll be placed on the state registry and your case will be searchable in child maltreatment background checks. The duration of your placement on the registry depends on the state and the type of substantiated allegation(s). Your placement can be as brief as 10 years and as long as 28 years. During that time, you will be unable to work in fields where interacting with children is part of the job. These fields include, but are not limited to: pediatric medicine, pediatric mental health care, education (high school and below) and child care. These professions all perform child maltreatment background checks as a condition of employment. This also goes for volunteer positions, such as at your local church, synagogue, mosque or other religious institution. In addition, you will be unable to qualify as a foster or kinship parent, supervise any visitation or adopt a child.
If none of that applies to you, your life can continue on as normal once CPS is out of your life; if any of it does apply, a substantiated case can be especially disruptive. In the event that CPS ever returns, cases with prior history of substantiated allegations are at much higher risk of being substantiated again, as well as a higher risk of family separation. Fortunately, there are avenues to pursue to get allegations overturned- and if not, to get your name removed from registry early. However, if you don’t do it properly or you miss the window to do so, it will remain until the clock the state set runs out.
If your case has recently been substantiated, you should be receiving a written letter notifying you of the substantiation of the allegation(s) and that your name is being placed on the registry. If you live in one of the 44 states and Washington, D.C. that allow for an administrative review (as outlined in the Child Abuse Prevention & Treatment Act), this letter will include instruction on how to contest the findings (in the other six states, it’s handled by the courts upon your request). If you have not yet received it, look up your state’s administrative review procedure, get your case number and request it as soon as possible! Administrative reviews have a limited time frame in which they can be requested to contest findings. At Heartwork Defense, we have seen determinations overturned based on nothing more than CPS failing to provide written notification in a timely manner. In our experience, it’s much easier to get CPS to overturn its own determination than it is to deal with the courts, so if this option is available to you, do not hesitate to act.
As long as you do not work in a child-caring profession that performs child maltreatment background checks, the substantiation alone should not affect your life in a significant way once CPS is out of your life. However, it is important to plan accordingly, since it can work against you in a big way if CPS ever returns. Families who return to CPS’ attention multiple times are often referred to as ‘frequent flyers’ and once CPS has substantiated a case against you, they’re statistically more likely to return a second time. Don’t be caught unprepared and take advantage of all of the opportunities that are available to you. When it comes to CPS, taking chances is a risky move. Make sure your family is protected and prepare before the worst happens.
The following states offer Administrative Reviews of determinations made by CPS:
Alabama: Yes
Alaska: Yes
Arizona: Yes
Arkansas: Yes
California: Yes
Colorado: Yes
Connecticut: Yes
Delaware: By Court Order Only Florida: Yes
Georgia: Yes
Hawaii: Yes
Idaho: Yes
Illinois: Yes
Indiana: Yes
Iowa: Yes
Kansas: Yes
Kentucky: Yes
Louisiana: By Court Order Only
Maine: Yes
Maryland: Yes
Massachusetts: Yes
Michigan: Yes
Minnesota: Yes
Mississippi: Yes Montana: Yes
Nebraska: Yes
Nevada: Yes
New Hampshire: By Court Order Only New Jersey: Yes
New Mexico: Yes
New York: Yes
North Carolina: By Court Order Only North Dakota: Yes
Ohio: Yes
Oklahoma: Yes
Oregon: Yes
Pennsylvania: Yes
Rhode Island: Yes
South Carolina: Yes
South Dakota: Yes
Tennessee: Yes
Texas: Yes
Utah: Yes
Vermont: Yes
Virginia: Yes
Washington: Yes
Wisconsin: Yes
Wyoming: Yes
Washington, D.C.: Yes