Child Protective Service (CPS) is also known as Department of Human Services (DHS)
The 14th Amendment provides constitutional protection for the right of parents to raise their children without undue government interference. However, this right is balanced against the state’s interest in protecting children from abuse and neglect. Child Protective Services (CPS) is the agency authorized to intervene when allegations of child maltreatment arise.
Removal of Children
CPS has the authority to remove children from parental custody if they have probable cause to believe abuse or neglect has occurred. Parents have a right to due process including a court hearing to contest removal. Courts use the minimum standard of “reasonable efforts” to prevent family separation.
Reunification Plans
When CPS removes children from the home, the agency must create a reunification plan for parents to regain custody. This may include parenting classes, counseling, drug testing, home visits, and other requirements aimed at addressing the safety issues. Parents should comply with the plan and seek prompt reunification.
Termination of Parental Rights
If parents fail to remedy the family issues within the mandated timelines, CPS may move to terminate parental rights altogether. At this stage, family reunification is no longer the goal. Courts can permanently sever the legal parent-child relationship. This is an uphill battle for parents to contest.
Seeking Reform
There are ongoing efforts to reform the child welfare system to better support family preservation, require higher standards of proof prior to removal, improve accountability for CPS errors, enforce parents’ rights to due process, provide better legal representation for parents, and prioritize family reunification plans. Reform advocates believe strengthening the integrity of the family unit should be the ultimate objective. Parents dealing with CPS interventions should seek advice from a family law attorney to understand their rights and options when faced with the potential dissolution of their family.
