Are you feeling blindsided and overwhelmed since a Child Protective Services (CPS) worker showed up at your door in North Carolina? Here’s what you need to know about what to expect, your rights as a parent or caregiver, and how a family law attorney can help.
Initial CPS Contact: What to Expect
If CPS receives a report about possible child abuse or neglect, a social worker from your local Department of Social Services (DSS) may visit you. This can happen with little or no notice. The assigned social worker might want to speak with you, your child, and others who know your family, such as teachers or neighbors. In some cases, the CPS investigator might choose to speak with your child alone. CPS must begin investigations within 24 hours of reported abuse and within 72 hours of reported neglect or dependency.
During their investigation, the social worker will assess your child’s safety and your family’s needs. Most CPS investigations do not lead to removing the child from the home. The goal is to keep families together whenever possible. You might receive offers for services like counseling, parenting classes, or substance abuse treatment.
How to Respond During a CPS Investigation
Stay calm and respectful when speaking with CPS. Do not ignore the situation or skip meetings. Return calls, keep records of what CPS says, and ask questions if you don’t understand something. If CPS asks to speak to your child alone, ask why and find out where the conversation will happen.
You can ask the CPS worker for written information about the investigation. If CPS offers you services like classes or counseling, listen carefully and ask if you are required to accept them. If you believe the CPS report is wrong, say so clearly. Be honest about your situation, but be careful not to overshare.
Know Your Rights
If CPS gets involved in your home life, you should know that you still have legal rights, including:
- You do not have to answer every question without understanding why they’re asking. You can ask the CPS caseworker what the report says and what they are looking into. You can also ask for a copy of any paperwork they give you.
- You have the right to refuse entry into your home unless CPS has a court order. However, keep in mind that refusing entry could lead CPS to seek one.
- If CPS wants you to sign anything, such as a safety plan, you have the right to read it carefully first. You do not have to sign it on the spot. You can ask to speak with an attorney before you sign anything.
- If CPS takes you to court, you have the right to an attorney. If you can’t afford one, the court can appoint one for you. You also have the right to speak in court, present evidence, and ask questions.
When to Involve a Lawyer
If CPS contacts you about possible child neglect or abuse, consider speaking with an experienced attorney early in the process. Your attorney can explain your rights and review any forms or safety plans CPS asks you to sign. If CPS opens a case in court, you will have a chance to ask for a court-appointed lawyer if you cannot afford one on your own. However, you shouldn’t wait for court to seek legal assistance.
If CPS removes your child, asks you to agree to foster placement, or talks about going to court, call a lawyer right away. You should also talk to an attorney if you feel that CPS is treating you unfairly or not listening to your concerns. Your lawyer can protect your rights and help you avoid common mistakes that could hurt your case. Even if you hope to work things out with CPS, legal advice from a trusted professional can still help you make informed decisions.
Common Outcomes of a CPS Investigation
A CPS case can end in several ways after the investigation is complete. The outcome depends on what the social worker learns during the visits, interviews, and review of your family’s situation. Here are some examples of what might happen after the CPS investigation process:
- Unsubstantiated report – CPS might close the case if they do not find enough evidence to support the claims. If this happens, no further action will take place, and the family will not have to take any steps.
- Voluntary services offered – Even if CPS does not find abuse or neglect, they might offer supportive services to help the family. You can agree to take part in these services.
- In-home services required – If CPS finds concerns but believes the child can stay at home safely, they could require the family to follow a plan. This might involve regular check-ins or counseling.
- Foster care placement – If CPS believes the child faces serious harm at home, they might ask the court to remove the child. In this case, the child may stay with a relative, family friend, or licensed foster home while the parents work on their case.
- Court case begins – CPS could file a petition in juvenile court if they decide that the situation requires legal action. The court process will determine what steps the family must take and whether the child can return home or stay elsewhere.
- Case closed after services – In some cases, families follow the plan CPS gives them, fix the issues that led to the report, and no longer need help. If this happens, CPS will close the case.
Contact a Family Law Attorney for Help
Families who get involved with CPS often feel overwhelmed and unsure of where to turn. At Charles R. Ullman & Associates, we take the time to listen, explain your options, and stand by your side throughout the process. Here’s what one parent had to say about working with our team:
“Charles has helped me twice over the past 6 years. The first time, he helped me get my daughter back when things looked bleak. Everything has been wonderful since, and he even helped me out again last year with a child support issue. He is not only a great lawyer he is a great guy, very personable. He will always be my attorney of choice.” – Katie
If CPS has contacted you or someone you care about in North Carolina, call Charles R. Ullman & Associates for your initial consultation. With over 25 years of experience, we can help you navigate what to do when CPS gets involved. Our small firm focuses only on family law, so we know how to handle these matters with care and attention. Call (919) 829-1006 today to talk with someone who understands what you’re going through.
