Facing a CPS investigation is a frightening prospect for any parent. The process can be confusing, invasive, and high stakes, with your custody rights and your family’s future on the line.
Washington Child Protective Services (CPS) is a state agency tasked with investigating reports of child abuse, neglect, or abandonment. Their role is to assess children’s safety and well-being in their homes and intervene if necessary to protect them from harm.
Understanding the CPS Investigation Process
When CPS receives a report of suspected abuse or neglect, they must first determine if it meets the legal definition. If the allegations don’t rise to that level, they may simply record the information without further action. But if they do, an investigation begins.
A CPS investigator will attempt to speak with you, your children, other family members, and any relevant witnesses or professionals like teachers or doctors. They’ll also want to see your home environment. If the report involves physical abuse, they may have your child medically examined for injuries.
The investigation process can feel very intrusive. The caseworker may show up unannounced at your home or your children’s school. They have the authority to interview your kids without your knowledge or consent, although they should notify you afterward.
You’ll likely be asked to meet with the investigator as well. It is natural to explain your side and clear up any misunderstandings. However, it is important to remember that anything you say could be used against you by CPS or in criminal court and a Tacoma criminal attorney can help guide you through your next steps.
Your Rights During a Washington CPS Investigation
As a parent under investigation, you have important rights available to you:
- You have the right to be notified by CPS that you are under investigation, although they do not have to reveal who made the report against you.
- You have the right to a private interview with the CPS investigator, separate from your children and other family members or household residents.
- You have the right to have all communications with CPS take place in your preferred language, and to have an interpreter provided if needed at no cost.
- You have the right to obtain independent medical and psychological evaluations of your child (at your own expense) to document their physical and emotional condition.
- You have the right to hire an attorney at any point in the CPS process.
The Potential Outcomes of a CPS Investigation
After the investigation, CPS may find the original report unfounded and close the case. In more serious situations, the agency can remove your child for 72 hours without a court order. Longer removals require parental consent or a judicial order, which is obtained after a hearing. CPS may also forward its findings to law enforcement if it believes criminal charges are warranted.
When placing a child out of the home, CPS will first try to find a relative who is willing and capable of caring for the child. However, if no suitable relative is available, the child may be placed in foster care or a group home.
Trust Mark S. Treyz to Defend Your Rights
A CPS investigation can be a stressful and overwhelming experience for any family. In these situations, protect your rights and your family’s interests with skilled legal representation. The Law Offices of Mark S. Treyz can offer the support and advocacy you need during this critical time. Contact us today at (253) 272-8666 to discuss your case and develop a strategy to address the investigation.