Child protection is a great concern in the United States. All of the states’ governing bodies are careful about giving the child proper care and protection. The CPS case is a great weapon that works as a safeguard for child protection.
Besides, every parent should know about the CPS and its procedures and also know how to proceed if they face a CPS case. Because the CPS case is hazardous for the persons who have to face it, and sometimes people face the baseless claim,
In different states of the United States of America, there are respective laws and governance, but the procedures and functions regarding child protection are almost the same.
What happens when you receive an “indicated” letter from CPS?
A CPS case is indicated means that sufficient evidence concerning child abuse has been found against you, and there are many reasons to proceed against you. In some of the states, the finding of the case is termed as indicated. In some other states, the finding of the case is as termed as substantiated. Whether the case is substantiated or indicated, the process to move against the decision is almost the same in all United States of America states.
What happens in New York?
In New York, after the investigation, Child Protective Specialists (CPS) will make the decisions about substantiating the case with whether there is reasonable ground on the case of the evidence or not. If they find sufficient evidence, which is enough to allege you, then they will make the case ‘indicated.’ If they do not find any evidence against you or something is found that is not sufficient to allege you, they will declare the case unfounded.
When a case is indicated, then they will send a notice of indication to the parties concerned and also instruct them to review the decision within 60 days of the notice’s receipt.
What can you do?
Never be devastated before the entire door is closed. You have the right to appeal and make a strong move. Prepare the latter for the State Central Register. Your letter will convey the following:
-Case ID
-The Intake Stage ID
-Date of Intake found
-No need to attach evidence
-No need to statement in defense
In your letter, you will request to change the case to unfounded and ask to provide a copy of the investigation in detail.
After getting your letter, the administration will start the review process. If they keep it in the indication, then it will be sent to the “Bureau of Administrative Appeals,” where you will have the opportunity to defend yourself and produce the necessary evidence against the decision of the DHS.
With a hearing, the administrative law judge will make the recommendation, and according to the recommendation, the commissioner will issue the decisions.
What happens in Pennsylvania?
After the conclusion of the investigation, the Department of Human Services (DHS) of the state of Pennsylvania is legally bound to inform the person concerned that a case has been indicated against him via a written letter. The notice will consist of notifying the person that he is to be listed in the ChildLine Abuse Registry and that he has the right to appeal the decision.
What you can do
After getting the latter, you can seek the help of an experienced attorney who will show you the way. You have the right to appeal against the decision, enlisting your name in the child registry or indicating a case against you. In the case of the first one, you have to move within 45 days, and in the case of the latter one, you have to move within 90 days.
The Department’s Bureau of Hearings and Appeals handles appeals. After filing the appeal, if the department finds reasonable grounds to move forward with the appeal, they notify the student about the right to request a hearing. According to the alleged victim’s request, the hearing date is fixed. Here you can make a statement supporting yourself and produce all of the evidence that proves you are faultless and the claim is baseless.
What happens in Illinois?
In the state of Illinois, the Department of Children and Family Services (DCFS) conducts all matters concerning child abuse. If they find that the child has been abused or neglected, they will send a notice to you. After getting the notice, you have several rights, including the right to get a copy of the investigative file, move to an administrative appeal hearing, and have a judicial review of the administrative appeal hearing.
When the DCFS finds a case that is indicated, it puts it on the State Central Register (SCR) list, where it stays for various periods depending on the type of allegation. However, if you can win and prove the claim is baseless, the name from the list will be erased.
At the time of the appeal hearing, prepare yourself with the defense statement and sufficient evidence in your favor.
What happens when a CPS case is substantiated in Georgia?
In Georgia, when a case regarding child abuse is substantiated against a person, he receives the notification of the matter and is also informed of the request for an appeal within 45 days.
What happens when a CPS case is substantiated in California?
After the arising of a child abuse allegation, the social worker will assess the situation and make a decision about whether the things happened or not.
They may talk to you about the safety of the child, and if they feel the child is in immediate danger, they will remove the child from you. They will also inform you about the further process and court hearing, and you can move forward with your rights.
Here we have tried to exhibit the situation of some states and what happened in such states in the case, indicating the case substantiating the abuse of the child or neglect. Whatever the case may be, every alleged victim has the right to defend himself, so if you are innocent, there is no need to worry; just prove yourself.