In contested family law matters, child protective services often gets involved where there are concerns of abuse, neglect, or mistreatment of children. CPS takes reports from family members, as well as other members of the community anonymously and for any reason. Most frequently reports are made by family members, neighbors, friends, educators, and even acquaintances. Unfortunately the majority of cases turn out to be the result of misinterpretation, or, outright fraud.
When parents are going through a family law dispute, it’s difficult to know what may be occurring in the other household. Young children may make statements that lead a parent to believe some abuse may be occurring, or there may be other sources of information such as mutual friends and extended relatives. However, some parents attempt to utilize CPS in order to obtain sole custody based on false allegations of abuse or mistreatment of a child. In those situations, there are remedies available to those who have been falsely accused.
What is the Role of CPS in Family Law Cases?
CPS workers investigate complaints regarding abuse, neglect, or other mistreatment of children. Generally, caseworkers will do their best to determine whether or not a child is in any risk of harm before making a determination and report. If there is an immediate risk of harm, CPS will ask the court to intervene to place the child somewhere safe on a temporary basis. Investigations can result in allegations being determined to be “founded” or “unfounded.” If allegations are “founded” CPS will frequently ask the parties to enact a safety plan or will take further action in the Court if necessary.
CPS reports and testimony from caseworkers may be involved in a future custody hearing, so caseworkers will take detailed notes, pictures, and will clearly state their opinion regarding their investigation in the report.
If you are being investigated by CPS, you should do your best to remain calm and polite to the caseworker. Refusal to provide information can result in action being taken against you in the future. If you have questions or concerns about the investigation, you will want to contact your attorney right away. Remember, the CPS caseworker is there to represent the interests of the child and make a report; they are not able to provide you with any legal advice or representation. You have the right to have your attorney present with you during interviews with CPS, although it is not required.
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What happens if allegations are “unfounded”?
Unfortunately, most allegations are determined to be unfounded. If your case is determined to be unfounded, you have the right to petition CPS to provide information on the individual who made the report against you. In Virginia, knowingly providing a false report of child abuse or neglect is a Class 1 Misdemeanor, meaning the accuser could face up to 12 months in jail and pay up to $2,500 in fines. A second offense increases to a Class 6 felony if convicted. If a conviction is made for a false report, you may request to have CPS destroy their records of the investigation.
About Melone Hatley
Melone Hatley is a general practice law firm with offices in Reston and Virginia Beach. Our practice areas include Family Law, Divorce and Special Needs Children, Traffic Ticket Defense, DUI/DWI Defense, and Trust and Estate Law. Our philosophy is to provide all of our clients with the highest quality legal representation, innovative legal solutions, and unsurpassed dedication to customer service. Through our high standards, we strive to be a trusted resource to our clients.
We know from experience that a successful attorney-client relationship depends on our ability to understand your needs and objectives. For more information about CPS investigations and our family law practice, contact our office today at 703-995-9900 in northern Virginia or 757-296-0580 in Virginia Beach or visit our website: www.MeloneLawPC.com. You can also schedule a call with one of our client services coordinators online at www.melonelawpc.com/contact.
Schedule a call with one of our client services coordinators today.
