If the CPS can prove the accusations, they can summon the “maltreater.” You will receive a letter stating that the allegation has been substantiated. Your name is to be included in the central registry.
The substantiated finding is the outcome of the investigation conducted by the CPS or DCF, whatever terms are used for the child protection agency from state to state. The cps investigation yields three categories: unsubstantiated, indicated, and substantiated. (The categories may vary from state to state.)
A CPS case is substantiated means…
The substantiated findings or “substantiated concern” includes-
-Sexual abuse
-Physical abuse
-Death or near death of the child
-Negligence so severe it caused or could have caused serious harm
-Failing to protect a child from abuse or neglect that he or she was or should have been aware of, and
-Abuse or neglect so severe that the child had to be hospitalized
The substantiated findings have much significance because they prove you have committed the offense, and your name is to be entered in the Child Abuse Central Registry.
After informing you with the first letter, DCS/COS/DCF will send a second letter if they believe the proof has been met for the insertion of your name in the Central Registry. The Central Registry will include a summary of the findings as well as the name. The appeal procedure will also be given to the concerned party before including the name in the Central Registry.
Once a name is included in the Central Registry, it will remain there for a long time, and the duration varies from state to state. When the accused becomes eligible to have their name removed from the registry and the authority has the authority to do so.
What will be the consequences?
If the child is found to have been neglected or abused, the CPS records the information for future use. They can use the investigated information.
- Substantiated findings of abuse can be a reason for losing your job and can be barriers to being employed in a field where you may work directly with children.
- It can also be a barrier to obtaining licenses or certifications related to working with children or child welfare.
- The information may also be used as evidence in other legal proceedings where you are accused of a crime.
What should you do if the CPS case is substantiated?
If substantiated findings are made against you, you should consult with and seek the advice of an attorney.
You have the right to appeal the decisions of the CPS. Depending on the state rule, you must appeal the specified number of days, which may be 30 or more or less.
FAQ
- What does substantiated mean for CPS?
After conducting the investigation, when there are many reasons to believe that the offense has been committed, this case is termed as substantiated.
- What happens when a CPS case is substantiated in Georgia?
If the Case is substantiated, there is the possibility of being convicted and also the possibility of taking children away from your home. Your name is to insert into the Child Abuse Registry.
- How long does a substantiated CPS report stay on your record in Indiana?
If the department receives a report and determines that the report is substantiated, the department shall keep the report in the central registry for 25 years after the date of the report.
- How long does a CPS case stay on your record in Maine?
CPS keeps unsubstantiated records for 18 months. If no new allegation arises during those 18 months, they destroy the unsubstantiated report and assessment of that report.