Parent’s

Guide

to Child Protective
Ser vices (C P S)

C h i l d r e n ’s

Ad m i n i s t r a t i o n

Division

of Children

and Family

Ser vices
Table Of Contents
To p i c Page

What Is Child Protective Services (CPS)? ........................................................................... 2

What Is Child Abuse And Neglect? .................................................................................... 2

How Did CPS Hear About Me? ......................................................................................... 3

What Right Does CPS Have To Interview My Child? ........................................................ 3

When Do The Police Get Involved? ................................................................................... 4

What Is “Protective Custody?” ........................................................................................... 5

What Happens When My Child Is Placed In Protective Custody? ..................................... 5

What Services Are Available To Me And My Family? ......................................................... 6

What Is An Alternative Response System (ARS)? ............................................................... 7

What Rights Do I Have When I Am Investigated By CPS? ................................................ 8

What Rights Do I Have If I Disagree With How CPS Is Handling My Case? .................... 9

What Is Out-Of-Home Placement? ................................................................................... 10

What Is A “Dependency?” ................................................................................................. 11

What Are My Rights As A Parent When My Child Is Placed

In Out Of Home Care Or Is Found To Be Dependent? ..................................................... 11

What Are My Child’s Rights? ............................................................................................. 13

What Is Expected Of Me? .................................................................................................. 13

How Can I Get My Child Back? ........................................................................................ 14

Do I Need A Lawyer? ......................................................................................................... 15

How Do I Plan For My Child’s Future? ............................................................................. 16

What Is “Termination Of Parental Rights?” ....................................................................... 17

What Can An Individual Do If There Is Disagreement

With The CPS Social Worker About Case Decisions? ........................................................ 18

Where Can An Individual Get More Information? ............................................................ 18

Nondiscrimination Policy .................................................................................................. 19

PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

Wh a t I s C hild P rot ect iv e S er vi c es (C P S)?

CPS is one of the activities of staff in the Division of Children and Family
Services (DCFS) of the Department of Social and Health Services (DSHS).
CPS is responsible for protecting children from abuse or neglect.

CPS staff are required by law to investigate reports of suspected child

abuse or neglect that meet the legal definition of child abuse or neglect.

Wh a t I s C hild Abuse And Neg l ec t?

There are several types of CA/N:
Physical abuse includes any injury to a child that is not accidental (broken
bones, bruises, burns, cuts and other injuries) or any action which could
have seriously harmed the child but luckily did not (striking a child with
a weapon, discharging a gun in the presence of a child, or other similar
actions).

Emotional abuse includes making a child feel that he/she is not loved or
that he/she is bad or has no value (demeaning or belittling a child, not
allowing a child to have friends, name calling, and
other similar behaviors). Domestic violence inci-
dents may also be considered emotionally abusive
to children.

Neglect may include not providing a safe home,

food, clothing, or medical/dental care, as well as leaving a young child
alone or with someone who is not able to care for him/her, driving while
intoxicated with an unrestrained child in the car, etc. Failure to supervise
older children can also be considered neglect.

Sexual abuse includes using a child for sex acts, taking pornographic pic- PAGE 2
 PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

tures of a child, prostituting a child, or other types of sexual activity with

a child.

There are other actions that can be considered types of child abuse and
neglect and, in each case, it must be considered whether the child’s health,
safety, or welfare has been harmed or is at risk of harm.

How Did C P S H ear Ab o ut Me?

CPS has received a report suggesting that your children are not being
given the protection or care they need.

Some persons, such as doctors, nurses, school teachers, social service coun-
selors, psychologists, druggists, day care providers, juvenile pro-
bation officers, DSHS employees, Department of Corrections
A person who
employees, coroners, and adults who live with a severely abused
makes a re-
or neglected child are required by law to report suspected abuse
port to CPS

may request
or neglect to CPS or to the police (RCW 26.44.030).

that his or her

Any other person who believes a child is being abused or ne-
name be kept
glected may in good faith report such incidents to CPS or to
confidential.
the police. Malicious or intentional false reporting is a misde-
meanor and can be prosecuted (RCW 26.44.060(4)). Man-
dated reporters are required to make their referrals within 48 hours of the
time they become aware of the possible CA/N.

A person who makes a report to CPS may request that his or her name be
kept confidential.

What Right Does C P S Have To Inter view My Child?

PAGE 3 The law authorizes CPS to investigate reports of suspected child abuse or
PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

neglect. In order to make a complete investigation, the CPS worker will

want to talk with you and with your child, as well as with other people
who may have important information. CPS has the right to interview
your child before telling you and without your permission. Children may
be interviewed at school, at day care, at home, or in any location that is
convenient and comfortable for the child.

If your child has been interviewed by CPS, you will be promptly notified.

CPS and the police also have authority to photograph a child as necessary
to document the child’s physical condition.

After an investigation that includes an assessment of family strengths and

risks to the child(ren), the social worker may continue to visit your home
to talk about any problems you are having with your child and what help
is available to assist you in making things better for you and your family.

Wh e n D o The P olice Get Invo l ved ?

A report of suspected child abuse/neglect may go either to CPS
or to the local police. The police are required to tell CPS about Th e p o l i c e

may get
all reports they receive. CPS staff are required to inform the
involved if it
police of all reports that indicate death, physical injury, sexual
becomes
abuse of a child or other possible crimes.
necessar y to

The police may get involved if it becomes necessary to place a place a child
in protective
child in protective custody. The police may also be asked to
c u s t o d y.
assist when there is reason to be concerned about the safety of
the CPS worker.

Even though CPS staff and the police work together, they may make sepa-
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 PARENT’S G UIDE TO C H I L D P R O T E C T I V E S E RV I C E S

rate investigations. The police conduct criminal investigations, and CPS

conducts family assessments. Even when criminal charges are not filed,
CPS may remain involved with the family.

What Is “Pr o tec ti ve Cu sto d y?”

In an emergent situation, where it appears that a child is at risk of immi-
nent harm, or has already been seriously abused or neglected,
a police officer can place the child in “protective custody”
for no more than 72 hours (not counting Saturdays, Sun-
days, and holidays). Custody of the child is then transferred
to CPS who places the child either into a relative place-
ment or into a licensed foster home.

A court hearing must be held within 72 hours (excluding Saturdays, Sun-

days, and holidays) of the time the child was placed in custody.

What Ha p p en s When My Ch i l d Is Pl ac ed In Pr o -
t ect iv e Custo d y?
When your child is placed in protective custody, you are notified in writ-
ing as soon as possible. You will be given a form which tells you when and
why your child was placed in protective custody. You will also be given the
name and phone number of the CPS worker and/or office where you can
get more information. You will be notified of when and where a shelter
care hearing will be held and how you can get a court appointed lawyer.

At the Shelter Care Hearing, you have the opportunity to tell the court
why your child should not be out of your home. If the judge or commis-
sioner agrees with you, your child will be returned.
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PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

If your hearing occurs before a court commissioner, you have the right to
have the decision of the court commissioner reviewed by a superior court
judge. To obtain that review, you must file a motion for revision with the
court within 10 days of entry of the court commissioner’s decision.

DCFS may determine that a court action is not necessary even after pro-
tective custody is taken by police. In those cases, you may be asked to sign
a voluntary placement agreement to be in place until problems can be
resolved. Or your child(ren) may be returned to you with services in your
home.

What Ser vices Are Available To Me And My Family?

DSHS provides many services to deal with problems. Some services are
provided directly by DSHS, and others are provided within the commu-
nity. The services of CPS are provided free and without regard
to income. However, if your family is referred to another agency
that charges a fee, you may be required to pay that fee. Out-of- The services of

home services such as foster care do have costs that you may CPS are pro-

have to pay. vided free and

without regard
Here are some of the services the CPS worker may be able to to income.

help your family locate: (Not every one of these will be avail-
able in every location.)

■ Housing/clothing/limited financial assistance

■ Health services/medical care/dental care

■ Home Support services

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 PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

■ Child care

■ Employment services

■ Parenting classes

■ Family planning services

■ Transportation

■ Mental Health services

■ Family and marital counseling

■ Food banks

■ Legal services

■ Drug and alcohol abuse programs

■ Volunteer assistance: parent aides, Parents Anonymous

■ Domestic Violence/Sexual Assault programs

What Is An Al ter nati ve Resp o nse System (A R S )?

In the State of Washington, CPS reports are evaluated using a Risk Assess-
ment model. If the information given to the intake worker indicates a low
level of risk to your child, your case will be referred to an outside agency
that contracts with CPS to provide special support services to help you
build a net around yourself and your child that will assure protection for
your child and emotional or other types of support for you.

Participation with an ARS provider is voluntary, and you may refuse ser-
vices. However, these providers can often help you get services that will
help you and your children be happier and more comfortable. We believe
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PARENT’S G UIDE TO C H I L D P R O T E C T I V E S E RV I C E S

that, if you have the kind of support you need in the community, you will
not become a CPS client.

Wh a t R i g ht s Do I Hav e When I Am Investi g ated

By C P S?
Whenever the department completes an investigation of a child abuse or
neglect report under chapter 26.44 RCW, the department must notify
the alleged perpetrator(s) of the report and the department’s investigative
findings. The notification is made by certified mail to the person’s last
known address.

There are three possible findings. Founded means that the investigating
worker found enough information to believe that more likely than not,
the alleged abuse or neglect did occur. Unfounded means that the investi-
gating worker found information that more likely than not the alleged
abuse or neglect did not occur. Inconclusive means the investigating worker
was unable to determine whether or not the alleged abuse or neglect oc-
curred.

If you are named as a subject in a founded report of child abuse or neglect,

you have the right to seek review and amendment of the finding. Within
twenty calendar days after receiving written notice from the department
you may request that the department review the finding. The request must
be made in writing. If your request for a review is not made within the
required time, you may not further challenge the finding, and you will
have no right to an adjudicative hearing or to a judicial review of the
finding.

Upon receipt of a written request for a review, the department will review
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 PARENT’S GUIDE TO C H I L D P ROT E C T I V E SE RV I C E S

and, if appropriate, change the finding. Regional management staff are

responsible for the review. Upon completion of the review, the depart-
ment will notify you in writing of the agency’s determination. The notice
is sent by certified mail to your last known address.

If, following agency review, the report remains founded, you may request
an adjudicative hearing to contest the finding. The request for an adjudi-
cative hearing must be filed within thirty days after receiving the notice of
the agency review determination. If your request for adjudicative hearing
is not made within the required time, you may not further challenge the
finding, and you will have no right to further agency review or to an
adjudicative review or to a judicial review of the finding.

What Rights Do I Have If I Disagree With How C P S

Is Handl i n g My C ase?
A primary concern of CPS is to assure that all persons dealing with the
agency are treated fairly and with respect. For that reason, we have a Citi-
zen Complaint Policy and Procedure and a special brochure that outlines
the method for assuring that concerns are addressed in an orderly, fair,
and timely manner. Concerns about the way your case has been handled
can be brought by you, by your child, by a family member, by a profes-
sional in the community, or by anyone who has knowledge of the situa-
tion.

If you have a complaint or concern about the way your case has been or is
being handling by CPS, you should first express your concern to your
assigned social worker. If that fails to solve the problem you can contact
the worker’s supervisor directly. If the issues cannot be resolved by the
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PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

supervisor, you can contact the Area Administrator and after that, the
Regional Administrator. You may contact the Office of Constituent Rela-
tions at 1-800-723-4831 for assistance in resolving the problem at any
time.

Any individual may also take a complaint to the Office of the Family and
Children Ombudsman at 1-800-571-7321 which is an agency that is sepa-
rate from DSHS and has the authority to investigate any concern about
the actions of the Children’s Administration brought by any citizen of the
State of Washington. The Ombudsman usually expects that internal com-
plaint resolution procedures be used prior to that office becoming in-
volved.

Wh a t I s O ut - Of- Hom e P lacement?

Most of the time children reported to CPS are not removed from their
homes. Children are placed away from their parents only when
it becomes necessary to protect them from immediate harm or
continuing abuse or neglect. Some children
have such
An appropriate relative is usually the preferred placement for a
serious prob-
child. If no appropriate relative is available, the child will be
lems that they
placed in a licensed foster home. Foster parents provide day-to- cannot live in
day care for children and receive monthly reimbursement pay- a family situa-

ments to help cover the cost of caring for the child. The child tion.

and the foster parents are supervised by the assigned social worker
as long as the child is in placement.

Some children have such serious problems that they cannot live in a fam-
ily situation. These children may be placed in a group home or in a treat-
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 PARENT’S G UIDE TO C H I L D P R O T E C T I V E S E RV I C E S

ment facility. Such settings are better equipped to deal with a child who
has serious acting out behaviors or who has mental health problems.

What Is A “Dep end enc y?”

In very serious cases, the department or any other person may file a peti-
tion with the court stating that a child:

• has been abandoned;

• is abused or neglected;

• has no parent, guardian, or custodian capable of caring for the child.

The court will hold a hearing to determine if one of these reasons for
dependency exists. The court will also decide whether the child should be
in his/her own home or in placement outside the home,
and who is to supervise the child during the time the court
is involved. This temporary order of the court is called a
“dependency.”

Dependency review hearings are held every six months to

see how well the court’s plan to reunite the family is progressing and whether
or not the court’s involvement needs to continue.

What Are M y Ri g h ts As A Par en t Wh en M y Ch i l d

Is P laced In O ut O f H o me C ar e O r Is F o u n d To B e
Dependent?
Parents have some additional rights unless a court orders otherwise.

If your child is placed in protective custody, you have the right to be

notified in a timely fashion and to be informed as to why the child was
placed.
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PARENT’S GUIDE TO C H I L D P ROT E C T I V E S E RV I C E S

If your child is in an out-of-home placement (foster care, group home, or

institution), you have the right to visit with the child, unless the court
orders otherwise. The court’s order will usually determine the frequency
and location of these visits.

You can always question any decision that limits or denies

You have the
visiting rights.
right to re-

CPS will do everything in its power to keep you informed of ceive help

and/or coun-
the progress of your child’s health and development, progress
seling for
in school, and behavior. For this to be done, you need to keep
problems that
your CPS worker aware of your living arrangements.
need to be

resolved.
You have the right to know what is expected in order for your
child to be returned home after an out-of-home placement.

You have the right to be consulted whenever a change is being considered

in the case plan that affects you or your child.

You have the right to receive help and/or counseling for problems that
need to be resolved.

You have the right to receive prior notice of, and to attend, any court
hearings held regarding your child or affecting your parental rights (ex-
cept if the court acts in an emergency).

You have the right to request a shelter care court hearing when you are
unable, for good cause, to attend the 72 hour hearing.

You have the right to receive a decision for each hearing based solely on
the evidence presented at the hearing with an unbiased judge or fact finder.
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 PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

You have the right to have an attorney whenever court proceedings are
involved. If you cannot afford an attorney, your CPS worker will provide
information as to how to get one appointed by the court.

All clients have the right to have services provided in the language they
prefer and in a culturally sensitive manner.

What Are M y Chi l d’s Ri ghts?

Your child has rights, as well. They include:
• The right to food, shelter, and clothing to meet his/her needs.

• The right to protection and freedom from harm, harassment, danger,

injury, and neglect.

• The right to emotional security.

• The right to health care, which includes diagnosis and treatment of

medical, dental, and emotional conditions.

• The right to have his/her rights protected during any court process. A
person called a “guardian-ad-litem” may be appointed by the court to
help protect the child’s rights. This occurs if a court action of any sort
happens.

What Is E xp ec ted O f M e?
You have certain responsibilities:
• To provide your child with necessary clothes and personal items (paja-
mas, toys, or other items) to help your child be more comfortable if he/
she is in care outside of your home.

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• To visit your child regularly, in a time and place agreed upon with CPS
PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

staff. If you must miss a visit, it is your responsibility to notify the CPS
worker in advance.

• To work with CPS staff in setting up the plan for your child’s future,
including actions you need to take.

• To work toward solving the problems that have caused the abuse or
neglect. If your CPS worker and/or the court refer you somewhere to
get help for a problem, you should follow up on that referral or talk to
your social worker about your concerns.

• To keep the social worker informed of changes in your life, such as a

new address or phone number, a change of employment status, mar-
riage/divorce or other change that may affect the plan for your child.

• To keep appointments with CPS staff and with other helping profes-
sionals. If you cannot keep an appointment or must cancel, let your
CPS worker know in advance.

• To provide information about your child, including previous medical

care, school status, or other information that may affect the plan for
your child.

• To talk about your child’s care and progress with CPS staff.

• To contribute to the cost of providing care for the child.

H o w C a n I Get My C hild B ac k?
CPS wants to keep your child at home as long as it is safe for the child.
CPS has taken steps to place him/her in an out-of-home placement only
because the situation at home created significant risk or put your child in
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immediate danger. The petition for dependency, of which you

receive a copy, describes the conditions that the social worker
CPS wants to thought placed your child in danger. If you do not understand
keep your
what it says, ask your worker and your lawyer to explain the
child at home
petition to you. In order for your child(ren) to be returned to
as long as it is
you, the conditions described in the petition must be resolved.
safe for the

child.
The best ways to accomplish this are:
• Be present in court every time there is a hearing about your
child. If you do not attend a hearing, the judge may interpret your ab-
sence to mean that you do not care what happens to your child.

• Obey the court order. Any order issued by the court regarding your
child(ren) will include a case plan with specific requirements for you. If
the court orders you to attend anger management classes or substance
abuse treatment, do it, even if you think you do not need to. You may be
surprised at what you can learn about yourself in classes or treatment.

• Make it safe for your child to come home. This may mean asking some-
one else to leave your home. Or it may mean solving problems you
have. Or it may mean taking steps to improve the living conditions in
your home. The court will not let your child return home until it is safe
to do so.

Do I Need A L aw yer ?
You are free to retain an attorney at any time if you want to. However, you
cannot get a court appointed lawyer unless a dependency petition has
been filed.

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If a dependency petition has been filed, you do need an attorney, and if

you cannot afford one, the court will appoint one for you. If your child
has been placed in protective custody the written notice you receive will
tell you how to ask for one. If you do not understand, contact your CPS
worker or the Juvenile Court.

Your attorney represents your interests in court. Be sure to talk with your
lawyer before each hearing so that he/she will know how to best represent
you. If you and your child’s other parent are not married or live apart,
separate attorneys may be appointed for the two of you.

Your child may have a “guardian ad litem” appointed to represent his/her

best interests. This person may want to talk to you. If so, he/she will be
better able to represent your child if you report what you know about
your child.

Your CPS worker will also be represented by a lawyer provided by the

Office of the Attorney General.

H o w D o I P lan For My C hild ’s F utu r e?

Having a permanent home is very important to a child. If you were in
foster care or moved from relative to relative as a child,
you can understand how important this is to your child.

CPS also understands how important permanency is to a

child. Removing a child from his/her family is usually
temporary. The goal of CPS is to end temporary place-
ment and make sure the child has a safe situation in his/her own home.

You can help your child by working with CPS to develop and write a
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plan. This plan should list the problems that you and CPS have discussed.
The plan should say what needs to be done to correct the problems, who
will do what, and how long this will take.

What Is “Ter mi nati o n O f Par ental Ri ghts?”

Termination of parental rights means that the parent no longer has
any rights or responsibilities toward the child. The parent would
Termination of
have no legal right to see or visit the child, no right to custody of the
parental rights
child, no right to decide the child’s future. The court has the author-
means that the
parent no ity to decide to end the legal rights of the parent to his or her child.
longer has any
In some cases, a parent may voluntarily free a child for adoption by
rights or
signing a legal document called “A Relinquishment of Parental
responsibili-

ties toward the Rights.” Signing this document is a very serious matter that should
child. be thought about very carefully and discussed fully with the CPS
social worker and a lawyer.

The court may end a parent’s rights without permission when:

• the court has determined that a dependency exists;

• the court has ordered services to correct the problems causing the de-
pendency and the problems still exist;

• your child has been in out of home care for 12 months, and you have
not made sufficient progress to allow your child to be safely returned
home in the near future;

• the services ordered by the court have been offered and provided;

• there is little likelihood that conditions will improve so that the child
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PARENT’S GUIDE TO C H I L D P ROT E C T I V E S E RV I C E S

• the continuation of the relationship between the parent and the child
will make finding a permanent home for the child more difficult.

Any time a parent’s rights have been terminated, the DCFS worker will
work toward a permanent placement for the child.

Wh a t C a n An Indiv idual Do If Ther e Is D i sag r ee-

m e n t Wi t h Th e C P S S o c i a l Wo r ke r A b o u t C a s e
Decisions?
Open discussion with CPS staff can usually resolve most disagreements.
However, if disagreements are not resolved at that level, any individual
can initiate the complaint process discussed earlier in this booklet.

If a dependency is involved, both parents and children should tell their

lawyers about the disagreement. CPS staff will also give this information
to the department’s attorney.

If no resolution is found with these processes, any individual may con-

tact:

■ The Office of the Family and Children’s Ombudsman, at 1-800-571-

7321 or the Children’s Administration Office of Constituent Rela-
tions at 1-800-723-4831 or (360) 902-8061.

■ If the individual believes the problem is indicative of a violation of

civil rights, other agencies can be contacted:

■ Office for Civil Rights, United States Department of Health and

Human Services, 1-800-362-1710; TDD (206) 615-2296.

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 PARENT’S GUIDE TO C H I L D P R O T E C T I V E S E RV I C E S

■ Washington State Human Rights Commission; 1-800-605-7324, Se-

attle; 1-800-233-3247, Olympia; 1-800-662-2755, Yakima.

■ Division of Access and Equal Opportunity, Washington State Depart-

ment of Social and Health Services; 1-800-521-8060, TDD, 1-800-
521-8061.

All the policies, procedures, and manuals of DCFS are public record and
can be viewed at any local office. Please call ahead and make an appoint-
ment so that current manuals can be available and someone to answer
questions can also be present.

The laws, called the Revised Code of Washington (RCW),

can be found in the reference section of major libraries,
through a lawyer, or sometimes at the County Courthouse.
Sections that apply to CPS are found in Chapters 13.34,
26.44, and 74.13.

Individuals directly involved in a CPS investigation can review their own

files by making an appointment or request through the local DCFS of-
fice. Certain information must be deleted from these files before they are
viewed by the clients.

Nondiscr i mi n ati o n Po l i c y
It is the policy of the Children’s Administration that no person shall be
subjected to discrimination, excluded from participation, or denied the
benefits of any of its programs or activities, or that of its contractors, on
the basis of race, color, national origin, creed, religion, sex, marital status,
age, disability, Vietnam era veteran, disabled veteran, retaliation, sexual
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orientation, or the use of a trained guide dog or service animal. Reason-

able accommodations for people with disabilities, including interpreters
and materials in alternate forms, will be provided upon request..

■ Clients who believe they have been discriminated against by the

Children’s Administration may file a complaint with any of the fol-
lowing agencies:

■ Office for Civil Rights, United States Department of Health and Hu-
man Services, 1-800-362-1710; TDD (206) 615-2296.

■ Washington State Human Rights Commission; 1-800-605-7324, Se-

attle; 1-800-233-3247, Olympia; 1-800-662-2755, Yakima.

■ Division of Access and Equal Opportunity, Washington State Depart-

ment of Social and Health Services; 1-800-521-8060, TDD, 1-800-
521-8061.

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 Washington State
DEPARTMENT OF
SOCIAL HEALTH
SERVICES

DSHS 22-484(X) (Rev. 11/03)