The minimum standard of care in the context of Child Protective Services (CPS) involvement is the level of care that is considered to be adequate for a child at any given time. This standard is based on the child’s age, development, and needs. It is important to note that the minimum standard of care is not the same as the optimal level of care. The minimum standard of care is the level of care that is considered to be adequate to meet a child’s basic needs, while the optimal level of care is the level of care that is considered to be best for a child’s overall development and well-being.
The minimum standard of care can vary depending on the specific situation and needs of the child. For example, the minimum standard of care for a newborn baby is different than the minimum standard of care for a school-aged child. Newborn babies have very specific needs that must be met in order to ensure their health and safety. They are typically more dependent on their parent(s) or other caregiver(s) and need to be fed, clothed, and kept warm. They also need to be protected from harmful substances and environments. School-aged children, on the other hand, are often more independent and may have different needs. They need to be provided with an education, adequate nutrition, and a safe and clean environment.
One basic need a child requires is food. Let’s evaluate a hypothetical scenario and see of the minimum standard of care is met for food: If a mother feeds her child a Happy Meal from McDonald’s for breakfast, lunch and dinner every day, is she meeting the minimum standard of care?
Yes! She is providing three meals per day. It may not be healthy, but she is doing the bare minimum to make sure her child has access to three meals per day. If she made sure her child consumed a healthy diet, that would be considered meeting the optimal standard of care- which is not required by CPS. However, the minimum standard of care does not exist in a vacuum and this can make meeting the standard complicated. If this same mother was feeding her child Happy Meals from McDonald’s for breakfast, lunch and dinner every day and the child developed diabetes and she continued to do so, she would not be meeting the minimum standard of care. That would be considered medical neglect.
The minimum standard of care is not static and may vary slightly by state. It changes as children grow and develop and as their needs change. For example, the minimum standard of care for a newborn baby who is born with a health condition that requires special medical care will be different than the minimum standard of care for a healthy newborn baby. As children grow and develop, their needs change. They may need more or less supervision, depending on their age and development. They may need more or less help with activities of daily living, such as dressing, bathing, and eating.
The minimum standard of care is important, because it ensures that children are receiving the basic level of care that they need in order to survive and thrive. Without the minimum standard of care, children would be at risk for serious health problems, developmental delays, and even death.
The minimum standard of care is also affected by the resources that are available to the child and the family. For example, a child who lives in a poverty-stricken area may not have access to the same level of care as a child who lives in a wealthy area. This is because poverty can limit a family’s ability to provide their child with basic needs, such as food, shelter, and clothing.
The problem with the minimum standard of care is that many of these standards are not objectively defined and therefore, are up for interpretation. For example, there is no specific age at which a child can be left alone at any time defined in the minimum standard of care in any state, nor is there an objective way to measure whether or not a child has sufficient food or shelter. When these standards are up for interpretation and the care provided in any one area is near the minimum (above or below), it can lead to CPS taking actions that may appear to be more than is warranted for the circumstances. Due to risk of liability, CPS is prone to overreacting to minor issues and these overreactions can come with serious consequences for families. That alone can be the difference between a substantiated and an unsubstantiated case.
It is important to remember that the minimum standard of care is just that- a minimum. It is the bare minimum that is considered to be adequate for a child at a particular moment in time. Children thrive when they receive the optimal level of care, which is the level of care that is best for their overall development and well-being. When accounting for your risk, it is important to make all efforts to ensure you are exceeding the minimum standard of care in order to erase any doubt CPS could bring about you meeting it.