CPS Investigation

Learn What to Do if You Become a Subject in a CPS Investigation

Are you a subject in a CPS investigation? Watch this video by one of our Saratoga family law attorneys, Jennifer Sunderlin Morton to learn more about your child protective services case.

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If you receive a letter from the Office of Child and Family Services stating that you are the subject of a Child Protective Services (CPS) investigation, you have probably been named as the subject in a Child Protective Hotline report. This letter means that CPS is now investigating the situation. My suggestion those who find themselves subject to such an investigation is that they cooperate with the Department of Social Services, communicate with the case worker, and allow the case worker to conduct the investigation. Simply having been named as the subject of an investigation does not necessarily mean that someone has been found to have abused or neglected a child, nor does it necessitate that the person will be indicated for having abused or neglected a child.

If you do not cooperate with the investigation, the Department of Social Services has the authority to take an adverse inference against you, and that can result in more severe consequences. If the allegations are severe, CPS may initiate court proceedings—such as an abuse or neglect proceeding—in order to obtain the information it needs to determine whether or not your child is safe. The role of CPS is to conduct investigations that determine whether a child is safe, and you should allow CPS to do its job. If you are indicated, you will have the option to file an appeal, and you should consult with an attorney.

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