Child Protective Services (CPS) generally has 30 days to complete an investigation and could extend this time up to 60 days if necessary. This could seem like an eternity when they are interviewing people you know and interrupting your family life, career, and other activities. Usually, you will know their determination within 60 days.
If you are facing a Pennsylvania CPS investigation, talk to our CPS investigation lawyer from McKenzie Law Firm, P.C. today. A Montgomery criminal defense lawyer familiar with this process can protect your rights and help you navigate the appeals process if that becomes necessary.
How Long Does the Agency Have to Investigate the Case?
If someone makes a report against you or you face a CPS investigation for another reason, it is often a frustrating and stressful time. The parties investigating your case might take steps that mean your employer, neighbors, friends, and others are aware of the allegations against you.
Under Pennsylvania law, a CPS investigation should take around 30 days. Some take less. Often, caseworkers need more time. As long as they can document the reason why they didn’t complete all the necessary tasks, they generally receive a 30-day extension. This gives them up to 60 days to complete the investigation.
Once they complete the investigation, they need to determine the status of the case and notify the family involved. This is when you should receive a letter about the status of your case and whether child abuse occurred. If the status is “indicated” or “founded,” you have options to appeal the decision.
Understanding the Steps in the Pennsylvania CPS Investigation Process
Most CPS investigations come from an allegation of abuse, often through the Pennsylvania reporting line, ChildLine, or from a mandated reporter such as a doctor or teacher.
Each case requires screening during the first 24 hours after a report. If there is concern for the child’s immediate safety, a caseworker or law enforcement will go to the child immediately. When necessary, the child might be removed from the family, living arrangements, or school for their own safety.
Usually, though, they will screen the call to determine if an investigation is necessary. If so, they will begin an investigation during the initial 24-hour period. During the 30-60 days following, the caseworkers will investigate the allegations and determine the status of the report.
What Are the Possible Outcomes of a CPS Case in Pennsylvania?
CPS reports are either determined substantiated or unsubstantiated through investigations. To this end, there are three possible statuses of a CPS case. They include:
Unfounded
An unfounded report has no evidence that abuse occurred. The agency found claims against the party were unsubstantiated, and the case is dismissed.
Indicated
Reports with the status “indicated” mean that the caseworker has evidence to show that abuse or neglect likely occurred. Some of the evidence commonly used to indicate abuse in these cases includes medical records, admission of the acts by the accused party, witnesses to the abuse, and other evidence uncovered during the investigation.
An indicated CPS report means the agency conducting the investigation believes child abuse or neglect occurred. However, those accused of this type of abuse can fight back. This type of report is the opinion of a caseworker and a single agency, and there is no hearing or due process before they issue this status. A successful appeal is sometimes possible.
Founded
A founded report has stronger evidence to back it than one with an “indicated” status. This status comes from a court’s decision, not the investigation of caseworkers without due process. This could include:
- A court ruled that the same factual circumstances were child abuse
- The accused is participating in an accelerated rehabilitative program based on the circumstances listed in the report
- A juvenile proceeding found a minor committed the alleged abuse
- A court issued a final protection from abuse (PFA) order against the alleged abuser
How Will I Know When a CPS Investigation Is Over?
Once the investigation is over, the caseworker will prepare a report, and you will receive written notice of the outcome in the mail. This letter will include the caseworker’s final determination—unfounded, indicated, or founded—and information about your options based on this. This letter is the best indicator that the investigation is closed, and the process will continue to the next phase.
If the determination is “unfounded,” you can put this behind you. If not, it is time to consider your options for challenging the allegations in the report and appealing the decision.
How Can a CPS Investigation Attorney Help Me With My Case?
As soon as you learn of the ongoing CPS investigation, you can connect with an attorney who handles these cases. Working with a lawyer ensures you know your rights, how to best cooperate with the investigation, and what to do if the investigation substantiates the allegations of abuse or neglect.
If the outcome of the investigation is a status of founded or indicated, you can appeal the finding. You will want to work with an attorney familiar with this process to prepare and file your paperwork. They will also represent you during an administrative hearing to present evidence to support your case. You only have a short time to appeal, so it is important to contact a lawyer right away if you do not already have one.
The outcome of this investigation could affect your career, future work and earnings, and where you volunteer. There are also social consequences, as friends and family may question how you will treat your children. You want to clear your name. Let a knowledgeable CPS investigation attorney help.
Discuss Your Rights and Legal Options With Our Team Today
If you are currently involved in an active CPS investigation, our lawyer from McKenzie Law Firm, P.C. can help. You do not have to fight these allegations alone. Let us help you understand your rights and appeal the findings if necessary.
Contact us online or via telephone to get started today.
