Child Protective Services (CPS) and Dependency Actions

3120EN | January 2024

Child Protective Services (CPS)

and Dependency Actions

? You can find all the fact sheets we link to here at .

? Are you involved with CPS? If not, you don¡¯t need to read this.

3120EN | January 2024

Contents

Part 1. Child Protective Services (CPS): The Basics .................. 3

What is CPS? .................................................................................................... 3

What is Child Abuse? ........................................................................................ 3

Part 2. When CPS Contacts You or Your Children ...................... 4

Why did CPS contact me? ................................................................................ 4

CPS contacted my children. Was it legal for CPS to talk to them without me? . 4

Can I see CPS¡¯ records about my child? ........................................................... 4

Are there records CPS won¡¯t show me?............................................................ 4

Do I need an attorney? ...................................................................................... 5

What happens next? ......................................................................................... 5

Part 3. When CPS decides the report against you was

unfounded ......................................................................................... 6

Someone called DCYF about me. DCYF decided not to investigate. Will there

be a record of that call? Can that call be held against me later? ....................... 6

DCYF investigated. They decided the report someone made about me was

unfounded. What happens to the records of that investigation?........................ 6

Part 4. FAR (Family Assessment Response) ............................... 6

What is Family Assessment Response (FAR)? ................................................. 6

Do I have to take part in a FAR? ....................................................................... 7

Do you have tips for working with CPS to get a FAR agreement? .................... 7

Part 5. Having Problems with CPS While They are Investigating

You or You are Taking Part in a FAR .............................................. 8

I believe CPS is treating me unfairly.................................................................. 8

Can Office of the Family and Children¡¯s Ombudsman (OFCO) help me? ......... 8

Part 6. When CPS Decides You Have Abused or Neglected Your

Children ............................................................................................. 8

Can CPS take my children away from me right away?...................................... 8

Can CPS take my children without a court order? ............................................. 9

Can law enforcement take my children without a court order? .......................... 9

Part 7. Dependency Court: When CPS Files a Dependency Case

9

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What is a dependency court case? ................................................................... 9

What is a dependent child? ............................................................................. 10

What are my rights in a dependency? ............................................................. 10

Do my children get an attorney in a dependency? .......................................... 12

What are my responsibilities in a dependency? .............................................. 12

Do you have other tips for me? ....................................................................... 13

Part 8. Types of Dependency Court Hearings and Meetings ... 14

What is a Shelter Care¨C72-Hour Hearing? ...................................................... 14

What happens at a Shelter Care¨C30-Day Hearing? ........................................ 15

What is a case conference? ............................................................................ 15

Will there be a trial?......................................................................................... 16

What is a dispositional order? ......................................................................... 16

What is a First Dependency Review Hearing? ................................................ 17

What is a Permanency Planning hearing? ...................................................... 18

What does a permanency plan say? ............................................................... 18

Part 9. Special Situations ............................................................ 19

What if I am in jail or prison? ........................................................................... 19

My children are Native American. Do we have other rights? ........................... 20

Part 10. Get a lawyer in a dependency case ................................ 21

Part 11. Get Legal Help .................................................................. 22

This publication provides general information concerning your rights and responsibilities. It is not

intended as a substitute for specific legal advice.

? 2024 Northwest Justice Project ¡ª 1-888-201-1014.

(Permission for copying and distribution granted the Alliance for Equal Justice and to individuals for

non-commercial purposes only.)

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3120EN | January 2024

Part 1.

Child Protective Services (CPS): The Basics

? Starting January 1, 2024, the Voluntary Placement Agreement (VPA)

Attorney Hotline gives parents, guardians, and legal custodians

(¡°parents¡±) in certain situations the opportunity to get free legal advice

and consultation from a lawyer. You can use the VPA attorney hotline

when DCYF proposes a VPA and there is no pending dependency case.

DCYF should tell you about the hotline when it offers you a VPA.

? You can call the hotline at (833) 240-9746, 24 hours a day, 7 days a

week. Phone interpreter services are available. If more than one parent

needs to speak to an attorney at a time, the VPA Attorney Hotline is

staffed with multiple attorneys at a time to address conflicts and cases

with multiple parents needing legal advice or consultation.

What is CPS?

CPS is an arm of the Washington State Department of Children, Youth and Families

(DCYF), a state government agency. CPS investigates reports of child abuse or

neglect. CPS employs caseworkers.

In most counties, the state Attorney General¡¯s Of?ice represents DCYF and CPS. In a

few less populated counties, the county prosecutor¡¯s of?ice may still represent DCYF

and CPS in court.

What is Child Abuse?

It is any of these:

? Physical abuse

? Failing to take care of a child, or bad treatment that puts a child in danger

(called neglect)

? Sexual abuse or exploitation

? If you or your children are domestic violence survivors and CPS is

investigating you because of domestic violence, talk to an attorney right

away.

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3120EN | January 2024

? The Washington State Coalition against Domestic Violence¡¯s Know Your

Rights When CPS Comes Knocking, available at , can help.

Part 2.

When CPS Contacts You or Your Children

Why did CPS contact me?

When someone reports child abuse or neglect, CPS must investigate. CPS must notify

the children¡¯s parents about the investigation, if they can ?ind them. CPS must try to

?ind the children¡¯s parents.

If there is immediate danger, CPS must start investigating within 24 hours of getting

a report. If there is no immediate danger, CPS has up to 90 days.

CPS contacted my children. Was it legal for CPS to talk to them

without me?

Yes. During its investigation, the CPS caseworker can interview your children and

anyone else with useful information. The interview can be at any suitable place, like

school, home, or daycare. They do not need to ask your permission or notify you.

CPS can talk to the children alone or with a third person. The caseworker can take

pictures of the children.

? CPS can talk to your children without your permission, even if you are

not the suspected abuser.

Can I see CPS¡¯ records about my child?

Maybe. You generally have the right to seek records and information that CPS has

collected about your children, but the agency may turn down (may deny) your

request.

CPS records are held by DCYF. Ask a CPS caseworker how to ask for these records.

CPS must give you the needed information or help you ask for the records.

Are there records CPS won¡¯t show me?

Yes. CPS might deny your request altogether. There are records CPS does not legally

have to release to you. CPS may also ¡°black out¡± information they believe they don¡¯t

have to share, like names and addresses of foster parents or the name of the person

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