When handling a CPS case, it’s crucial to grasp your opponent’s perspective. Determining whether a CPS caseworker qualifies as an opponent is debatable. Nonetheless, during your CPS case, you’ll likely feel their objectives clash with yours. Your primary aim is straightforward: conclude the CPS case and reunite with your child. In contrast, CPS focuses on ensuring your child’s safety and probing any abuse or neglect claims involving you or other adults at home.
The Law Office of Bryan Fagan has crafted numerous blog posts to educate our community about the CPS case process. These posts are vital if you wish to understand case management. Today, we offer a fresh perspective by focusing on the CPS caseworker’s viewpoint. Understanding their approach is key, as caseworkers often share only essential details unless prompted with questions.
CPS caseworkers, caught in the tug of multiple demands, face immense challenges in a CPS case. Your children’s cooperation might vary with age, and your stress may affect your patience. These caseworkers juggle sensitive tasks mandated by law while contending with high expectations from supervisors, similar to the pressures you might face.
In any CPS case, human emotions play a significant role. You might be upset over an anonymous report of abuse or neglect concerning your child. Meanwhile, CPS is legally obligated to keep the case moving and meet deadlines. Often, caseworkers prioritize these legal timelines over addressing your concerns as a parent.
What is the job of a CPS caseworker?
Briefly, the caseworker has a job to do when he or she knocks on your front door for the first time. CPS is trying to determine if abuse or neglect of your child has occurred. Their agency has received an anonymous report that abuse or neglect has occurred or is likely to have occurred. The caseworker is the eyes and ears of the agency. Their chief job is to collect information, analyze it, and make recommendations and determinations about any harm that has occurred relating to your child.
If the caseworker believes that harm has occurred and that it is likely to occur again in an immediate sense, then an emergency removal of your child from your home can occur. This is usually done before a court order is obtained. A CPS caseworker will approach a case in most instances like any other person. Concerns about the well-being of your child as well as your ability to follow a safety plan are motivating factors for the caseworker to ensure a thorough investigation is completed.
How would a CPS caseworker determine that neglect has occurred?
When a CPS caseworker starts investigating your family, they search for signs of abuse or neglect. They first check if your child’s basic needs are met. Then, they assess if your actions have put your child at substantial risk of harm.
Abuse can result from a single incident, while neglect typically develops over time. Consider a scenario where you, suffering from a severe headache, asked your eleven-year-old to wake you for dinner preparation. If she forgot and injured herself while cooking, a doctor’s query at the hospital could lead to a CPS report if they suspect neglect.
CPS caseworkers also evaluate the medical care your child receives to identify neglect. For instance, if your child has suffered from diaper rash for weeks without treatment, it could indicate neglect. Such a condition suggests prolonged disregard for the child’s well-being.
Neglect can also relate to home safety, not just your child’s appearance or nutrition. Whether you rent or own, failing to repair hazards like a broken staircase or a dangerous condition in your yard could be seen as neglect. Each of these examples reflects how a CPS case scrutinizes various aspects of a child’s environment and care.
How would a CPS caseworker determine that abuse has occurred?
The main question that CPS caseworkers must ask themselves regarding physical abuse is whether the injury reported to CPS could have been caused by another means, other than abuse. This calls into question the caseworker’s ability to make determinations like this as a non-medical person. To make this decision the caseworker would need to gather information as best as possible. As your child’s parent, you will be one of the main sources of information along with teachers, neighbors, and possibly medical personnel.
First, the caseworker will ask you questions about how the injury to your child occurred. You need to be truthful about what you know or what you do not know. It may not occur to you at that moment but what you tell the caseworker will go into a report that he or she completes. That report could end up as evidence in a legal case brought before a judge. Even if the truth is difficult or could end up making you look bad in some way it is best to tell the truth. Or consider calling the attorneys with the Law Office of Bryan Fagan to speak to us about the situation that you are going through before speaking to CPS about anything you are unsure of.
One of the main elements of caring for an injury to a child is whether you sought care for him or her. Delays in medical care can impact the severity of the injury as well as whether the injury heals properly. Taking your child to an emergency room, urgent care, or even to the child’s pediatrician would be evidence of you having sought proper medical care. CPS caseworkers are trained to look out for delays in medical care as possibly evidence of wrongdoing by a parent.
How a CPS Caseworker determines risk in your household
The next step in the CPS case process is for the CPS caseworker to begin to evaluate your situation for risk to your child on an ongoing basis. Let’s assume that something has happened to your child- whether it be an incident of abuse or ongoing neglect. Now that the CPS caseworker has determined that something has occurred, he or she will need to determine what risk factors exist as far as ongoing harm to your child. It could be that this was a “one-off” where something strange happened, and your child was left to fend for themselves for an afternoon while you were away or were sleeping off a cold.
However, in other circumstances, CPS would need to seriously consider whether there is a high likelihood that these acts of abuse or neglect may occur again. The home environment- who lives there, how seriously you are taking the investigation, and what the home itself is like- will be considered. The strengths of your family will be considered. Does the CPS caseworker have a strong belief in your family’s ability to rally around each other and keep your child safe? Or does the CPS caseworker get the impression that your child may continue to be in harm’s way?
How is a risk assessment performed in a situation involving substance abuse?
Substance abuse often emerges as a critical issue in CPS cases. If this affects your family, you’ll need to carefully consider your approach, regardless of the CPS case details. The degree of substance abuse by you or a family member, its impact on your parenting, and the home environment are crucial factors for the CPS caseworker’s evaluation.
Your commitment to overcoming addiction is a primary concern for the CPS caseworker when assessing the risk to your child at home. Are you ready and willing to change your behavior? Do you genuinely want to improve your health and break free from addiction? Honestly assess these questions and plan how to demonstrate your commitment to the caseworker. If you have maintained sobriety in the past, share this success. Participating in AA meetings or undergoing counseling can also support your case.
The type of support network you have plays a significant role in your recovery from substance abuse. A CPS caseworker will consider this when evaluating your situation. If you have family and friends actively supporting your journey to sobriety, this will work in your favor. The caseworker is looking for people who will help you stay committed to your goals and keep you away from drugs and alcohol.
Determining the safety of your child in your home
Once CPS has conducted its initial investigation, determined the risk of harm in your home to your child, and then looked at whether drug use is an issue, the caseworker will be able to assess the overall safety level of your child in your home. This is a more complex situation than may first meet the eye. While your child may be safe now there may also be a substantial risk of harm to your child in the future. This determination is not as simple as looking at present factors and then basing a decision solely on those issues.
At this point, a CPS caseworker would have already made an initial safety decision meaning that the worker would have already decided whether to pursue for an immediate removal of your child from your home. In some situations, your child may not have been able to remain safe in the house. That could have led to CPS removing him or her, at least temporarily. If your child has remained in your home throughout the investigation, then it is possible that he or she will not be removed at all. Again, this depends on the level of risk in the home to your child’s safety as well as the degree to which you can take preventative measures and make changes in your own life to facilitate that goal.
Developing a safety plan
In handling your CPS case, a CPS caseworker will work with you to create a safety plan. This plan aims to mitigate any future risks to your child. If your case remains under investigation, it signals a need for changes at home. The safety plan will also allow you and the caseworker to monitor these necessary adjustments.
The purpose of a safety plan is to implement immediate changes to address risk factors in your home. Should someone pose a direct threat to your child’s safety, the plan will require this person to leave. Likewise, any structural issues in your home will be addressed with specific steps outlined in the plan for repairs.
Remember, your CPS caseworker is committed to doing everything possible to keep your family together while ensuring your child’s safety. Balancing these goals may involve CPS offering in-home services to support your household management or teaching you effective strategies. If CPS deems it unsafe for your child to remain at home, they may seek a court order for removal.
CPS will also evaluate emergency needs like food, clothing, medical care, or counseling during this crucial point in your case. The agency will strive to provide services that cater to your family’s needs.
Navigating a CPS case involves various considerations, and as a parent, you might feel overwhelmed. Lean on your support network, prioritize your child’s well-being, and honestly assess necessary changes. Seeking guidance from an experienced family law attorney, like those at the Law Office of Bryan Fagan, can be invaluable during a CPS investigation.
Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan
If you have any questions about the material contained in today’s blog post please do not hesitate to contact the Law Office of Bryan Fagan. Our licensed family law attorneys offer free-of-charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law as well as how your family’s circumstances may be impacted by the filing of a divorce or child custody case.
Other Related Articles:
- The Impact of CPS Reports on Child Custody Decisions
- How to Protect Your Children and Your Rights When CPS Is Called
- Can CPS remove your child without a court order in Texas?
- Crack the Code: Your Guide to CPS Miranda Rights Revealed!
- Conquer CPS Drug Testing
- Essential information in a Texas CPS case
- Can CPS Photograph Your House and Request Your Child’s Medical Records
- Fighting False CPS Reports
- What essential questions should I ask CPS?
- How marijuana legalization affects CPS cases
Evan Hochschild was raised in Houston, TX and graduated from Cypress Creek High School. He went on to graduate from Southwestern University in Georgetown, TX with an undergraduate degree in Political Science. While in college, Evan was a four-year letterman on the Cross Country team.
Following in the footsteps of his grandfather and uncle before him, Evan attended law school after he completed in his undergraduate studies. He graduated from St. Mary’s University School of Law and has practiced in a variety of areas in the law- including family law.
Mr. Hochschild is guided by principles which place the interests of clients first. Additionally, Evan seeks to provide information and support for his clients with the heart of a teacher.
Evan and his wife have four small children together. He enjoys afternoons out and about with his family, teaching Sunday school at his church and exercising. A veteran attorney of fourteen years, Mr. Hochschild excels in communicating complex ideas in family law simply and directly.
