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What Happens if CPS Contacts My Family in Virginia?

Read this in: Español

Author: Valerie L'Herrou

If someone reports that your child may be abused or neglected, workers from Child Protective Services (CPS) may show up at your door. CPS is part of the local Department of Social Services (DSS). Under Virginia law, CPS must look into every report that could be a valid case of child abuse or neglect.

This does not mean the report is true. But the investigation is serious, and knowing your rights from the start matters. The most important thing you can do is contact a lawyer as soon as CPS begins investigating. Do not sign anything before talking to a lawyer.

Why did CPS contact my family?

CPS responds to reports, or complaints, of a child being abused or neglected. That doesn’t mean the complaint is true, but CPS must look into it.

Under Virginia law, certain people are required to make reports to CPS if they "have reason to suspect" a child is being abused or neglected. Most reports to CPS are related to "neglect." Neglect may mean that a child doesn’t have everything they need, or that someone believes the parent is not taking good care of their child. 

What could happen when a report is made to CPS? 

There are different things that can happen:

  • Most reports to CPS do not result in investigations. Most investigations do not end with the child being removed from the home, but some do.
  • Many reports result in getting help for the family so they can care for the child.
  • Some reports result in a court order called a “child protective order” that requires the parent to do, or not do, certain things relating to their child.
  • Some reports result in the child being removed from the home, and either placed temporarily with a relative through a “voluntary safety placement agreement” or going to court where a judge will decide whether to place the child in foster care.

Who is a mandated reporter?

Social workers, teachers, school personnel, childcare providers, physicians, dentists, police officers, health care workers, and others may be required to report.

Anyone can call the statewide hotline and report child abuse. They do not have to give their name.

CPS is required to investigate every claim that may fall under the legal definition of abuse or neglect.

What can CPS actually do?

Once it receives a report, CPS can:

  • Interview all children in your care and check them for injuries.
  • Ask to speak with you, other adults in the home, family members, neighbors, and your child's school or doctors.
  • Ask to inspect your home.
  • Interview your children at school without your permission. You do not have to be there.

You have the right to not let CPS into your home or search through your home. You can bring your children outside or to another location if you want to let CPS interview your child. If you refuse, there can be consequences, including CPS returning with police, a warrant, or a court order. You also have the right to speak to a lawyer before answering questions or signing anything.

Read more: Your Rights When CPS First Contacts You in Virginia

What happens after a report is made?

Once CPS receives a report, they decide what kind of response is needed. There's a few possibilities:

  • If they do not find evidence of abuse or neglect, they close the case. A record will stay on file for three years. The record can be accessed by the state and local departments of social services.
  • If they think the family may need support, they open a Family Assessment. Records of this stay on file for three years.
  • 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, and a court hearing must happen within 72 hours.

Read more: Family Assessments and Investigations

Emergency Removal: What Happens If CPS Takes My Child?

What does CPS consider abuse or neglect?

CPS gets involved if they believe a child is not getting what they need to be safe and healthy. This can mean a range of things.

This includes things like:

  • Not enough food, clothes, or a safe place to live
  • Lack of hygiene (e.g., teacher notices a kid looks dirty)
  • Being left alone or without proper supervision
  • Being left with someone who has a violent history
  • Missing too much school (truancy)
  • Not getting medical or dental care
  • Refusing care against medical advice
  • Seeing or being in the home where there is domestic violence
  • Physical punishment that goes too far
  • Emotional or mental abuse
  • Physical abuse
  • Sexual abuse

What if there is a court case?

If CPS files a petition with the court, a judge will decide what happens next. CPS has to file a petition to do something you do not agree to.

You have the right to a court-appointed lawyer at no cost once a petition is filed.

The court can order many things, from requiring parenting classes to placing your child in foster care. Acting quickly and staying in close contact with your lawyer matters enormously.

Read more: The Court Process in a Virginia CPS Case

Where can I find legal help?