VIRGINIA CARES ABOUT ITS CHILDREN A GUIDE TO CHILD PROTECTIVE SERVICES Q A. Questions and Answers

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1 VIRGINI CRES BOUT ITS CHILDREN GUIDE TO CHILD PROTECTIVE SERVICES Q & Questions and nswers

2 The abuse and neglect of children are serious problems in Virginia. Each year in this State over 33,000 reports about possible abuse or neglect are investigated. Virginia law requires social services departments to investigate all such reports, and to provide or arrange protection for children if protection is needed. (The law is Chapter 12.1, Section et seq.) The purpose of child protective services intervention is to protect children, to preserve families whenever possible, and to prevent further abuse and neglect. The purpose of this pamphlet is to help all concerned people understand how the Child Protective Services (CPS) system works. If you have a question that the pamphlet does not answer, ask a CPS worker, who will be glad to answer your question or explain the system in more detail. Whenever we use the term parent in this booklet, please remember that we also mean anyone who has the responsibility for caring for a child (for example, a day care provider, a babysitter, a foster parent) or another adult family member who lives with the child or supervises the child. QWHY HS CHILD PROTECTIVE SERVICES WORKER (CPS) CONTCTED ME? You have been contacted because the department of social services has received a report about possible child abuse or neglect, and this report deals with you and your child. The law requires that a CPS worker look into each report, decide whether services are needed, and to provide or arrange protective services if they are needed.

3 QWhen a local department of social services receives a report of suspected child abuse or neglect, the agency must decide whether the report meets the legal definition of child abuse or neglect. Under the law, an abused or neglected child is any child under 18 whose parent, or any other person responsible for the care of the child: causes, or threatens to cause, a physical or mental injury except for an accident fails to provide adequate food, clothing, shelter, medical care, or caring support abandons the child fails to provide the kind of supervision necessary for a child s age or level of development commits, or allows to be committed, any illegal sexual act involving the child including incest, rape, fondling, indecent exposure, prostitution or allows the child to be used in any sexually explicit visual material Q WHT IS CHILD BUSE OR NEGLECT? WHT HPPENS DURING N INVESTIGTION? During the investigation, the CPS worker routinely: checks for other reports of abuse or neglect talks face to face with the child involved observes the child for injuries or signs of abuse or neglect observes the child s home and where the alleged abuse/neglect took place talks face to face with the child s parents talks face to face with the person who someone claims has abused or neglected the child Sometimes the CPS worker may also: talk with other people who know about thechild s care, such as doctors, teachers, other relatives, etc. You may help identify people who should be talked with.

4 interview and observe other children in the home arrange for a medical or psychological examination of the child. Whenever a CPS worker visits your home, you may have someone of your choice with you during the visit. You may discuss in detail the concerns in the report. The law requires that the CPS investigation be finished within 45 days from the date the report was received; however, an extension to 60 days is permitted. You will be told by local social services, both in writing and orally, of the results of the investigation. Your cooperation means that the investigation will be finished as quickly as possible. QWHT RIGHT DOES CPS HVE TO TLK WITH CHILD? The law allows a CPS worker to talk with the child who is reported to be abused or neglected, and with any of the child s brothers and sisters. This may be done without the parent s consent, without telling the parent beforehand, and without the parent being present. If the CPS worker does talk with the child without having told the parent beforehand, the worker will tell the parent as soon as possible that the discussion took place. Q WHT BOUT EXMINING THE CHILD? The CPS worker will observe the child for injuries or signs of abuse or neglect. If someone has reported physical abuse, the CPS worker may arrange for pictures or X-rays of the child without the parent s consent. However, before taking any pictures of the condition of the child s home, the CPS worker must get the parent s verbal consent or contact the Commonwealth s ttorney.

5 QIn most cases, the family and the CPS worker cooperate during the investigation. But if you refuse to cooperate or to allow the CPS worker to enter your home, the CPS worker will continue to investigate. If the CPS worker believes the child is in danger, the worker can seek help from the police or the courts to enter the home and see the child, even if you do not give your permission. Q WHT IF I DON T WNT THE WORKER TO INVESTIGTE ME OR MY FMILY? WHO MDE THE REPORT ND MY I SEE IT? nyone may report a concern about the health or safety of a child. In fact, some people such as doctors, teachers, and social workers are required to make a report within 72 hours if they have reason to suspect that something is wrong. Someone making a report does not have to give his or her name, although many do. Usually, the name of the person making the report will be made known only if a court orders it, or if court testimony is involved. ny person who is the subject of a report is notified in writing of the general nature of the report. This information is provided as soon as possible at the beginning of the investigation usually during the first contact with the CPS worker. fter the investigation is finished, you may ask to see a copy of the personal information about yourself that is part of the record. Your request will be granted unless doing so would not be in the best interests of the child and the family. Please remember that a report is a statement of concern, not of blame. You are encouraged to cooperate with the CPS worker and try to help your child and your family.

6 QWHT RE SOME TYPES OF CHILD BUSE ND NEGLECT? Some examples of abuse and neglect are injuries to children or harm that comes from: physical abuse, such as beating, burning, cutting, shaking, etc. neglect of physical needs such as inadequate food, clothing, and shelter mental abuse, such as a pattern of ridiculing or terrorizing mental neglect, such as a pattern of rejecting or ignoring sexual abuse or exploitation, such as rape, incest, fondling or using a child as the subject of sexual photographs or videos educational neglect, such as not making sure a child attends school, or not providing schooling bizarre discipline, such as confining the child in a small space or even forcing a child to kneel on dried peas QWHY WOULD SOMEONE MKE REPORT? The purpose of making a report is to identify possibly abused and neglected children as soon as possible so that they can be protected from further harm. Some signs that people notice and may report are: a child who has questionable injuries such as bruises, cuts, or burns a child who is unusually withdrawn, angry, depressed, aggressive, or afraid to go home a child who doesn t have on enough clothes for the weather, is hungry and appears malnourished, is frequently dirty, is left alone at an inappropriate age, or is not receiving necessary medical treatment a child who has venereal disease or other symptoms of sexual abuse

7 QWHT RE MY CHILD S RIGHTS? Your child has certain rights,which include: the right to physical care, with food, clothing, shelter, and education to meet basic needs the right to emotional security, the sense that he or she will not be abandoned or neglected the right to be with his or her parents and brothers and sisters, unless there are legal grounds for moving thechild the right to diagnosis and treatment for medical and emotional problems the right to protection and freedom from harm, danger, injury, and neglect the right to be represented by his or her own court-appointed guardian during any court proceeding. QUnless your child is at risk of serious harm, the CPS worker will work with your family and will provide or arrange for services to your family to keep your child at home. Even if the child must be temporarily removed for safety, the goal is to return the child to the home as soon as possible. s a parent you have the right to come to the court hearing and ask a lawyer to represent you in explaining your situation to the Judge. If the child does need to be removed for a longer time, a social worker meets with the family to develop a plan that includes treatment for the child and family, visitation, and returning the child to the family when it is safe. WILL MY CHILD BE TKEN WY?

8 QWHT HPPENS FTER N INVESTIGTION? following decisions: fter the investigation is finished, the CPS worker must make and report one of the two THE REPORT WS UNFOUNDED The investigation did not reveal that child abuse or neglect occurred. Unless you request services, the department of social services will no longer be involved with the family. record of the investigation will be kept for one year if there are no subsequent founded or unfounded reports regarding the same child or the person who is the subject of the report in that one year. The subject of the complaint may request that the record be kept for up to two additional years. Statistics only, without names, are kept by the state after applicable time periods have expired. If the subject of the complaint believes the original report was made in bad faith, he or she may petition the circuit court to obtain the name of the person making the report. THE REPORT WS FOUNDED If the local social services department decides that there is clear and convincing evidence that abuse or neglect occurred, the department will work with you to develop a plan to help the family and the child, and will notify you orally and in writing. Records of Founded investigations are kept by both the local department and the State Child buse and Neglect Central Registry for 3 to 18 years, depending on the seriousness of the situation. Information in the Central Registry is highly confidential, and will only be released (other than to a local department of Social Services) upon submission of your signed, notarized request or a court order.

9 QWILL CRIMINL CHRGES BE FILED? Whether criminal charges are filed in a case of child abuse or neglect depends on a Q number of things. The law requires the local department to report certain cases to the Commonwealth s ttorney. These include death of a child, serious injury, sexual abuse, and other illegal acts that cause injury to the child. ny person may go to a magistrate to seek criminal charges when a violation of the law is suspected. WHT RE MY RIGHTS? If you are the subject of a CPS report, some of your rights include: the right to be notified in writing of the nature of the report at your own expense, to talk with a lawyer and to have a lawyer with you at any time during the investigation or during any court actions the right to have answered any questions about the process of investigation and its results the right to fully understand the services the social services worker thinks necessary for your family, and what you can expect the agency to provide or to arrange the right to appeal if you disagree with a finding of Founded naming you as the person who abused or neglected a child.

10 QHOW DO I PPEL FINDING? First, request a meeting with the local agency. The request must be made in writing to the local director of social services within 30 days from when you receive written notice of the finding. If you are not satisfied with the outcome of the meeting or if the local agency fails to send you their written decision within 45 days of your written request, you may request an administrative hearing. Your request for an administrative hearing should be made within 30 days thereafter, by writing to the Commissioner of Social Services. If you are dissatisfied with the hearing officer s decision, you may petition the circuit court for a judicial review of your record. The local agency will explain this procedure to you in writing when you receive the finding. QWHT KINDS OF FMILY SERVICES RE PROVIDED? If there is a need for services, the social worker will work out a plan with you, which will include: steps you can take to meet your child s needs, such as making and keeping medical appointments for your child, making sure your child gets to school, learning new ways to discipline your child, etc. the services your family and child need how the services will be given and who will give them your responsibilities, social services responsibilities, and the responsibilities of any others involved in the plan the date by which the needed steps are to be taken, and the length of time that services may be offered

11 Some of the services that may be offered by the local department of social services and/or community agencies are: counseling for the child and family to improve their relationship instruction on parenting methods and discipline day care emergency shelter information about and referral to other helping agencies family supervision provided by the CPS worker through home visits QHOW CN I HELP PREVENT CHILD BUSE ND NEGLECT? Don t ignore child abuse or neglect. If you or any member of your family needs help coping with children, don t let your pride keep you from asking for help. You may choose to join a parents support group, take classes in parenting skills to learn alternative ways to handle children, or to seek counseling. To report child abuse or neglect, call the local social services department or the state s toll-free hotline. The state Child buse Hotline is answered 24 hours a day, seven days a week. Child buse Hotline (Voice/TDD accessible)

12 Date: To: report of alleged child abuse and/or neglect has been received about: (child or children) The allegations being investigated are: (type of abuse/neglect) If you have any questions concerning this investigation, please call: (worker) at (telephone) /3 (7 96)