Child Protective Services, the Department of Social Services, Child Welfare Agency, or other such agencies are charged with the protection of children from harm and abuse. These welfare agencies investigate, protect, formulate treatment plans, reunify families were appropriate, seek the termination of parental rights where the facts of a case require such action.
How an Action Starts
Any action in a child welfare case starts with a report being made to the applicable Department of Social Services or Child Protective Services agency. It is a common misunderstanding that workers for such child welfare agencies go out and actively look for cases. These agencies are generally reactive as to any new cases in that the workers much receive a report prior to acting.
While a report starts any abuse and neglect case, it is generally the case that if a child welfare agency receives a report of abuse or neglect, they are required by law to investigate the case within a certain number of days.
Following the Investigation
Once a case is investigated, it will either be closed, a safety plan will be put into play or a lawsuit seeking court involvement will be started.
If a case is closed, the matter is ended with no formal record of the action being kept. If a person is involved in this type of action there is little to do other than make sure no further problems develop.
If a safety plan is put into place, generally the child or children are allowed to remain in the home and while the child welfare agency may monitor the case, it is generally concluded unless there is further problems. If a person is involved in this type of case the safety plan needs to be followed.
If court involvement is pursued, it generally starts after a child or children have been removed from the home. This may be done by law enforcement in an endangerment situation or pursuant to court order following an application to the court. If a person is involved in this type of case then the first thing he should do is obtain an attorney.
Most states allow for a person who cannot otherwise afford an attorney to have one appointed for them. In these situations it is important that parents understand their rights. If they do not carefully address the problem, they could place their parental rights as to their children in jeopardy and could face the termination of their parental rights.
Contested Child Welfare Agency Actions
In a contested action, parties will have basically two choices. First, accept a treatment plan formulated by the child welfare agency designed to reunify the family or, fight the matter in court. While there may be variations of these options, the choices will generally come down to these two issues. It will be important to have an attorney to explain the nuances of the process to you.
It is also particularly important to understanding the allegations that are being made as it is common for the child welfare agency to seek to have the parents name entered onto a central database or registry of parents who have abused or neglected their children. As a result of this, make sure to carefully discuss the case with your attorney.
Child welfare agency cases are often taken for granted but they should not be. Be careful what you say, careful who you say it to, and make sure to obtain, consult with and listen to your attorney.
Sean Keefer - I am an attorney and a writer living in the Charleston, South Carolina area. I write about current events, legal issues, photography, ...
