The list of possible allegations in a Child Protective Services (CPS) investigation vary by state- especially when it comes to neglect. Because of this lack of standardization, experiences may differ across states- even with an identical standard of evidence used to determine them. No state’s list of allegations covers all possible abusive or neglectful situations with specific allegations. This is where inadequate guardianship and similarly worded allegations with little specificity come into play.
Non-specific allegations like inadequate guardianship are used in the CPS space when no other allegation in the jurisdiction fits the circumstances appropriately enough. For example, only half of states have CPS investigate educational neglect and improper emotional treatment of a child is labeled emotional abuse in some states, while it falls under an allegation of neglect in others. Unfortunately, this means that many cases falling under this type of allegation alone are poorly defined- making it even more difficult to predict the outcome. In states that don’t have a separate category of emotional abuse, for example, allegations like inadequate guardianship are used to cover them under neglect. It’s also commonly used in cases of domestic violence where the potential for indirect adverse effects is theoretically possible.
Picture a family who lives in a two-bedroom apartment in a building in a major city. They have one eight year old daughter. She’s healthy, well-cared for, has impeccable school attendance and she reports she is happy. One evening, after dinner, while their daughter is in her bedroom with the door closed doing homework, her parents are arguing loudly over a disagreement over where to spend the holidays- with his family or her family. Due to paper thin walls in the apartment building, a nosy neighbor next door hears the argument and calls 911- thinking there’s a domestic dispute. Law enforcement responds and sees there’s a child in the home. As mandated reporters, they call CPS- because in theory, since the child was present in the home, she may have been exposed to the argument and this may not be the first time. This is a prime example of inadequate guardianship in the eyes of CPS. In theory, the child may experience psychological trauma as the result of being in the home and hearing such an argument between her parents- even if she is not in the room. Since it may not easily fit into other categories of allegations, it’s labeled inadequate guardianship.
The use of non-specific allegations like inadequate guardianship mean that even vague concerns can be investigated and substantiated by CPS. The less clear an allegation is, the more difficult it is to predict the outcome and the more difficult it is to know what the right thing to do is. That doesn’t mean all hope is lost, though. When it comes to non-specific allegations, the priority for alleged subjects facing an investigation should be to learn what situation was brought to CPS’ attention. A non-specific allegation tells you nothing by itself. Once you know what exactly CPS is looking for, it’s easier to improvise a game plan going forward. CPS investigations are determined based on the evidence collected during the investigation stage and there’s often a low threshold for substantiating allegations. The key is to refrain from providing too much information that could be used to identify safety concerns, while providing just enough of the right information to deter court involvement.
At CPSprotect Consulting Services, we strongly recommend limiting what and how much you say. CPS investigators are trained to ask various types of open questions (questions that cannot be answered with a simple yes or no) to encourage you to reveal more information than you intend. Often, parents will go on a tangent in response to an open question and this is how CPS can obtain so much information from even a single interview. That’s why you won’t see many closed questions (questions that can be answered with a simple yes or no). Closed questions are limiting by design and CPS investigators will take all the information you’ll intentionally or unintentionally give. However, if you’re mindful if your responses and what you allow, they won’t have enough information to substantiate the allegation and if CPS is doing its job correctly, the allegation(s) won’t be substantiated. The key is sharing just enough information to keep it out of the courts, while resisting providing anything that could infringe on your rights and result in negative consequences up to and occasionally including the destruction of your family.
Overall, non-specific allegations like inadequate guardianship allow CPS to investigate concerns that don’t fit into more defined categories already established and set a dangerous precedent on the limitations of what constitutes child abuse and neglect. That makes revealing the actual situation that triggered the concern paramount to formulating a response to CPS that protects your interests and those of your family. As long as the definitions CPS uses lack objectivity, the spectrum of parenting will never be completely safe. By learning how it works before CPS shows up and the worst happens, you can mitigate your risk and raise your child(ren) as you see fit.