What to Know About California CPS Investigation Process
The investigative phase of a CPS case may drone on for quite some time. Depending on how serious the case is, parents may not be allowed unsupervised contact with their child, or may not be allowed contact at all. Here’s everything you need to know about the California CPS Investigation Process.
How Does CPS Work in California?
Within the State of California, there are laws in place to provide basic protection for the well-being and safety of children. Child Protective Services plays this important role of providing services to abused and neglected children while aiming to keep the child in their own home if safe. Services may include intervening in a home crisis, applying family support services, and gathering facts about the case at hand to clarify the problems. California law defines child abuse as any situation involving a child who is:
- Physically injured by means other than an accident,
- Abused or sexually exploited,
- Treated with unjustifiable punishment and cruelty, and/or
- Neglected by a parent or caretaker who fails to provide necessary means of survival such as adequate food, water, shelter, clothing, or medical care
If a community member suspects abuse or feels that a report has been filed in error, they should speak with the appropriate agency to investigate the situation. One useful resource is the County Children’s Protective Services 24-hour emergency response phone.
Related: When to Call Child Protective Services in California
How Long Does CPS Have to Investigate in California?
If the Department of Social Services receives a report alleging that a child has been neglected, an investigative social worker has up to 72 hours to begin the investigation. However, if these allegations are on the basis of abuse, abandonment, and serious neglect, the social worker is required to begin the investigation within 24 hours of receiving the report. CPS investigations typically last about 30 days.
A home visit from Child Protective Services may range in length, depending on the case. Some factors that may affect this response time include screening and routing, which can take slightly longer. Investigators will usually try and interview any concerned individuals, obtain physical evidence related to the case (such as medical and school records), and ensure the child can speak with someone privately without any outside intervention.
Related: Child Protective Services (CPS) Laws in California
FAQs About the California CPS Investigation Process
What can CPS be called for?
CPS or Child Protective Services aims mainly to safeguard children from abuse or neglect. Additionally, these services may be called upon when a child is believed to be in danger, be sexually exploited, neglected by their caregivers, or is being treated with unjustifiable punishment.
Can I find out who called DSS on me?
Legally, the identity of the person who reported a case of child abuse or neglect is kept private by the Department of Children and Families (DCF). Certain professionals (such as child care workers and doctors) are identified as “mandated reporters” and are legally required to report suspected abuse encountered on the job.
How can I make sure to pass a CPS home investigation?
There are several tips to consider when you want to prepare your home for a CPS investigation. A parent or caregiver may want to 1) make sure their home is clean as this will be important during the inspection, 2) assure that your child is not being neglected with proper food, clothing, and medical attention, and 3) take care of any pets that may also live in the home.
What can CPS legally do?
As required by California state law, Child Protective Services is to investigate any reports of child abuse or neglect. Furthermore, if a report is made claiming a child is in serious danger, that child may be removed from such a situation or any unsafe environment. If your child is at risk of any danger or unsafe living conditions, CPS can legally take your children.
Related: What CPS Can and Cannot Do in California
Contact Us
If you or a loved one have any more questions about the California CPS investigation process, contact us. Get your free consultation with one of our experienced Family Law Attorneys today!