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When can CPS remove a child from a home, and what can parents do?

On Behalf of | Sep 8, 2024 | Domestic Violence |

The possibility of CPS removing your child is incredibly stressful. However, you can protect your family by understanding the reasons behind CPS investigations and acting quickly to get help and guidance if someone files a report. Remember, you have rights and resources available to help you through this challenging time.

When does CPS open an investigation?

In Washington State, CPS opens an investigation if someone makes a report regarding a child’s safety or well-being. These reports typically stem from reports about:

  1. Physical abuse
  2. Sexual abuse
  3. Neglect (e.g., lack of food, shelter or medical care, lack of supervision, failure to protect)
  4. Emotional abuse
  5. Unsafe living environments
  6. Parental incarceration

Depending on the results of an investigation, CPS may submit a dependency petition to remove a child from a home if they believe the child is at risk of serious harm or injury. CPS must have court approval to remove a child and immediately notify parents of their intent to remove.

What if law enforcement is involved too?

While CPS requires a court order to remove children from the home, law enforcement officers can place children into protective custody for a limited period of time.

Should I answer questions by the CPS investigator or law enforcement?

You should ask to speak to an attorney and decline to answer questions until you have had the chance to speak with one. Any statement you make can be used against you.

What can parents do to protect their children?

If you are worried about CPS involvement, there are steps you can take to protect your children and preserve family ties. Here are some actions you can consider:

  • Identify appropriate family or friends: Be prepared with the contact information for relatives or adult friends who can immediately take your children into their care.
  • Work with professionals: Engage with therapists, evaluators, psychiatrists and psychologists to address any underlying issues that may be impacting your child, yourself or your family.
  • Document everything: Keep detailed records of your interactions with CPS and any steps you take to improve your home environment.
  • Seek legal advice: Consult with a lawyer familiar with these complicated and sensitive situations to understand your rights and legal options.

Taking these steps can help you navigate the process and show CPS that you are taking measures to ensure your child’s safety and well-being.