Legal rights for families during child abuse investigations

Suspected or Alleged Child Abuse

Rights: Suspected or Alleged Child Abuse

More than three million reports of child abuse and neglect will be filed in the United States this year (Children's Rights 2012). In many states, reporting suspected or alleged child abuse is mandatory in which certain steps must be followed to ensure the immediate safety of the child and the confidentiality and privacy of the accused family. Sadly, at least four children die from abuse or neglect every day -- many in homes that are already known to child welfare agencies, and some in foster care placements made by the child welfare agencies themselves. Moreover, children and their families still have rights that must be honored during an investigation (Big Brothers 2009).

Parent's Rights When Investigated

Whenever the department completes an investigation of a child abuse or neglect report, 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. If the parent is named as a subject in a founded report of child abuse or neglect, he or she has the right to seek review and amendment of the finding (Washington State 2009). Within a certain time frame (dependent upon the state statutes) after receiving written notice from the department, the parent may request that the department review the finding. The request must be made in writing. Upon receipt of a written request for a review, the department will review and, if appropriate, change the finding. Upon completion of the review, the department will notify the parent in writing of the agency's determination. Parent may request hearing to contest findings.

Parent's Rights If Child Is Placed In Out Of Home Care

Parents have some additional rights unless a court orders otherwise. If the child is placed in protective custody, the parent has the right to be notified in a timely fashion and to be informed as to why the child was placed. If the child is in an out-of-home placement (foster care, group home, or institution), the parent has 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.

Conclusion

Children and their families still have rights that must be honored during an investigation. 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. CPS will do everything in its power to keep parents informed of the progress of their child's health and development, progress in school, and behavior. However, parents have a responsibility to keep CPS abreast of material changes occurring in their lives. Chiefly, the goal of CPS is to end temporary placement and make sure the child has a safe environment in his or her own home.