In the USA, the government agency that works for the protection and safety of the child is Child Protective Services (CPS). It has gained fame worldwide as the safeguard of children’s rights in the USA.
Getting in touch with this agency is a sign of many unwelcome things in your life. The record of the CPS affects the life of the alleged person in various matters, including the ability to get a job.
How long does a CPS case stay on your record?
It is a common query of the people as to how long the CPS case stays on the record. The validity of the record in the registry depends on the case’s merits, whether substantiated or unsubstantiated.
Though it varies from state to state, in a substantiated case, CPS cases usually stay on the record for ten years after the youngest child reaches the age of 18. However, some records remain for posterity. The records stay for both the accused and the victim.
If your case is substantiated, you need not worry about the records. At any time, you have the right to have the name removed from the records. However, in some states, even though the case is unsubstantiated, the records stay for a specific period of time, which can be unusual compared to other states. Before that time, a person was not privileged to remove his name from the list.
In case of the un-substantiating of the case, after completing the assessment and investigation, the accused is informed about the result and given the opportunity to make a request to expunge the name from the list of the offenders.
About 44 states in the USA provide the right to request to remove the case from the list, while the rest of the states compel the alleged to face a hearing after making the petition seeking the removal of the name from the list.
The case procedures depend on the strictness of the laws in particular states. If that state’s law is flexible, then the period is not much longer than usual, and the procedure is not so tough. If the law of the state is strict, the period of time the case must be kept in the records is longer than usual, and the procedure is more complex.
- How long does a CPS case stay on your record in Ohio?
The CPS case in Ohio that stays on the record varies on the merits of the case. In the substantiated case, it stays for ten years; in the indicated case, it stays for three years; and in the unsubstantiated case, it stays for three months.
- How long does a CPS case stay on your record in Florida?
The CPS case in Florida that stays on the record varies on the merits of the case. If the case is unsubstantiated, then it will be removed from the list after ten years. If the case is substantiated, then the case will stay open for a long time. The laws of Florida regarding child safety are stricter than those of any other state.
- How long does CPS have to close a case in NY?
In New York, CPS has to close a case within 60 days.
- Can CPS remove a child without a court order in Ohio?
No, in Ohio, the CPS cannot remove the child from the custody of the parents without the order of the court. They have to prove that the child is in danger, and then an order has to be issued to remove the child.
- Can you sue CPS in NY?
During the investigation of the case in New York, the alleged victim has the minimum rights that are conferred by the laws. If these rights are infringed, then the alleged victim can sue in federal court, seeking their civil rights.