If Child Protective Services (CPS) responds to a report about my family, what happens during the investigation?

This question was asked by a number of family members during a child welfare focus group.

Whenever possble, CPS will contact the person who made the report and clarify the allegations. At this point CPS begins a process that is often called an investigation. In some states this process is called an assessment. An investigator will interview your child. In many states the investigator is a social worker and in others a law enforcement officer; it is also possible that they work as a team. The investigator has the authority to talk to your child, and your child’s siblings, without your consent and outside of your presence. If your child has injuries that are serious or visible, the investigator and a physician may examine him. Interviews are then held with you and the person who is accused of neglecting or abusing your child, as well as other possible witnesses. After all the basic information is gathered and the initial assessment is completed, a determination is made about the allegation and what, if any, additional action is needed.

During an investigation, there is no legal status change as a parent. You will be told about the report, but not the identity of the reporter. While your child can be interviewed and physically examined without your permission, your cooperation and permission may be requested. Most CPS workers have an open mind about reports and recognize that most families do not intentionally abuse or neglect their children; therefore, there is no assumption of guilt on receipt of a report.

You have a right not to answer questions, but the CPS worker is legally required to investigate reports of suspected child abuse and neglect, if probable cause exists that a child is in danger. If your child is alleged to be in danger and access to the child is denied, a search warrant can be issued. This is one of the circumstances that may result in the involvement of a law enforcement officer. In emergencies a warrant is not required. The use of or request for a warrant is not a common occurrence.

In some situations a parent may not be allowed to be present while the child is being interviewed. If the report alleges that you or someone else responsible for your child’s care has hurt your child, the law allows your child to tell what has happened without pressure from family members to remain quiet. Therefore, the circumstances dictate how the investigator decides who should be present during the interview.