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CPS Family Assessments and Investigations

Read this in: Español

Author: Valerie L'Herrou

If someone reports that your child may be abused or neglected, Child Protective Services (CPS) will respond. Child Protective Services (CPS) is part of your local Department of Social Services (DSS).

There’s a few ways CPS can respond:

  • If they do not find evidence of abuse or neglect, they close the case. A record will stay on file for three years.
  • If they think the family may need support, they open a Family Assessment.
  • If they think abuse or neglect may have happened, they open an Investigation.
  • If they think a child is in immediate danger, they can remove the child right away without a court order. This is called an Emergency Removal. A court hearing must happen within 72 hours. This hearing is one-sided: DSS must be there, but the court does not have to tell you when the hearing is scheduled. You may be able to find out when it is happening and go anyway. You do not have a legal right to participate, but some parents and lawyers have been allowed in and permitted to speak.

The path CPS chooses affects how the case unfolds, what your rights are, and what could happen to your family. This article covers Family Assessments and Investigations. Read more about Emergency Removals.

Contact a lawyer as soon as CPS starts an investigation. Do not sign anything before talking to a lawyer.

Free legal help:

What is a CPS Family Assessment? 

CPS uses a Family Assessment when they think the family may need support, but the situation is not a severe or immediate emergency.

During a Family Assessment, CPS may:

  • Ask you to complete certain services, like parenting classes or substance use treatment.
  • Offer help with services, health care, food assistance, or housing.
  • Ask you to sign a Safety Plan, which is a written agreement about how you will care for your child.
  • Ask you to sign a Safety Plan that has your child live temporarily with someone else while services are provided to try and resolve the alleged risk at home.

You do not have to agree to what CPS asks or sign any agreements. However, if you do not sign, CPS can go to court to require you to complete services or remove your child if they feel it is necessary.

A few important things to know about a Family Assessment

  • The assessment can only last 60 days from the date of the report. You can ask your CPS worker for the date of the report if you cannot find it. You will receive a letter when the assessment is complete.
  • CPS must explain the process to you before moving forward.
  • You can say no to services CPS offers. If you do, and CPS decides there is no threat to your child’s safety, they must close your case. If they do think there is a safety threat, CPS may go to court to order you to do services or place rules on your parenting. They cannot switch your case to an investigation just because you said no. There must be a safety risk to your child for CPS to start an investigation.
  • CPS should not show up unannounced during a Family Assessment. The exception is if there is an immediate safety risk, or if you have not been responding to their calls or showing up to scheduled appointments.

What is a CPS investigation? 

An Investigation happens when:

  • the report is more serious, or
  • there are multiple valid reports on record, even if no abuse or neglect was found. A report is valid if it meets all the criteria for CPS to investigate a case.

Some situations automatically require an Investigation:

  • Claims of sexual abuse.
  • Severe physical abuse. For example, a child who was hospitalized.
  • Cases where the parent or caretaker works with children, such as at a school or daycare.
  • When it is the third valid report about a child or caregiver within 12 months.

CPS has 45 days to complete its investigation. They may take up to 60 days with a documented reason. If police are also investigating, CPS may take up to 90 days.

At any point during the investigation, CPS can remove a child from the home if they find there is an immediate risk and no less drastic alternative.

During the investigation, you have the right to speak with DSS, hear the evidence they have collected, and respond to it. This does not apply if there is also a criminal investigation.

What are the possible outcomes of an Investigation? 

If the investigation is "Unfounded": 

  • Unfounded means CPS did not find that abuse or neglect occurred.
  • The case is closed.
  • A record stays on file for three years in a state-level system only accessible by VDSS and local DSSs. If new reports are made about the same child or caregiver within that time, the existing records will be kept until the last purge date.
  • CPS may still offer your family services, but you are not required to accept them.

If the investigation is "Founded": 

  • Founded means CPS finds that abuse or neglect likely occurred.
  • Unless there is an emergency, CPS should hold a Family Partnership Meeting to make a plan together.
  • CPS has a legal duty to make "Reasonable Efforts" to help you keep your child safely at home.

What is a Family Partnership Meeting?

If a case is "founded," CPS may call a Family Partnership Meeting (FPM). FPMs happen when there is a high risk of a child being removed from the home, or before a court hearing. This is a meeting to make a safety plan together. FPMs can happen at several points during your case.

CPS is required to hold an FPM at these key moments:

  • Before removing a child into foster care, whether in an emergency or a planned removal.
  • After a Family Assessment or Investigation is complete and the family is identified as "very high" or "high" risk, the child may be placed outside the home.
  • Before any change of placement for a child already in care.
  • Before a foster care plan is developed for a court hearing, to discuss permanency options and next steps.
  • When a meeting is requested by a parent, child, or service worker for any of the reasons above.

The FPM is meant to be a planning meeting where you and DSS work together. You and other participants will be asked questions. Parents are usually asked to go first. Some questions DSS might ask:

  • What are your child(ren)’s strengths and needs?
  • What are the parent’s strengths and needs (to keep your child safe)?
  • What will the parent do to address their child’s needs and the concerns?
  • What will your family or friends do to support your child and you?
  • What kind of help from DSS would make it easier for your child to stay safely at home?

FPMs can feel intimidating. The room will often include DSS staff, service providers, school staff, and relatives, including relatives who have offered to care for your child if they are removed from your care. You have the right to bring a friend, family member, or treatment provider. Think carefully about who will be a strong advocate for you, and let your DSS worker know who you want invited.

If you have a lawyer, make sure they attend. Lawyers are not always automatically notified of FPMs. Do not commit to a date before speaking with your lawyer.

Anything you say during an FPM can be used against you. You are not required to speak. Prepare in advance what you want to say. You should also think about what you want to ask DSS to provide.

Your privacy rights still apply during FPMs. If your therapist is there, for example, they cannot share your private mental health information without your consent.

If CPS decides your child should not live with you right now, they should first ask whether a family member or friend could care for your child while you work on the situation. Read more: Kinship Care and Placement Options

What is a "founded" case and does it go on my record? 

Yes. A founded case is kept on file and can have lasting consequences.

  • CPS must notify you in writing within 45 days whether the complaint is founded or unfounded.
  • Unfounded complaints are kept on file for 3 years (unless there are new reports regarding the same child or caregiver. If new reports are made in that time, the existing reports will be kept until the last purge date has been reached).
  • Founded complaints are kept for 3, 7, 18, or 25 years, depending on the seriousness.
  • Certain employers — like schools, daycares, and elder care facilities — will be notified of a founded case. Employers and organizations can check the Central Registry when doing background checks for jobs or volunteer positions. Even if your child was never removed from your home, or if evidence later disproves the allegations, a founded case can still appear on your record and affect your employment. That is why it is important to appeal if you can. Appealing your record is not the same as a court case.

You have 30 days from the date of the notice letter to appeal if the investigation is founded. This deadline is strict. Do not wait.

What could CPS expect of me if a plan is made? 

The plan may include:

  • You complete certain services, such as therapy.
  • You follow certain rules about what you do around your child, such as make sure they are always in eyesight or that you do not consume any alcohol in their presence.
  • You make sure your child participates in services, such as child therapy or after school programs.
  • You sign certain releases for DSS to access your or your child’s records.
  • The assistance DSS will provide to you, such as arranging and paying for services, child care, or transportation necessary for your plan.
  • A family member will temporarily care for your child while you and DSS work on the issues.
  • DSS will ask the court to place your child in foster care, or give custody to the other parent or a relative.
  • DSS will ask a court to order you to complete treatment, classes, or other services.

Remember: CPS cannot force you to do anything without a court order. If you agree to a plan, make sure it is a plan you are willing to do and can realistically do. If you agree to something in a plan and do not follow through, CPS can use that in court to argue you are not adequately caring for your child. They could then ask the court to remove your child or order you to complete those services. This can also happen if you decline services entirely.

Everyone handles this differently. Talk to a lawyer if you can. 

  • Some people are willing to do certain services and follow certain rules to keep their children at home.
  • Some agree to have their child stay with a trusted relative and complete services voluntarily to avoid the risk of court and foster care. In Virginia, when children are placed in foster care through a court case, only 25% are returned home, which is far below the rate in other states.
  • Some want the court involved to provide oversight of CPS.

Whatever you decide, protect yourself and your family throughout. Do not agree to more than you are willing and able to do. Keep good records of all your communications and everything you do to care for your child, like medical appointments, school meetings, and anything DSS has asked you to do. Make clear that your decisions are based on what is best for your child.

Where can I find legal help?