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Child Protective Services investigations are civil proceedings. This does not mean they do not have the potential to turn into criminal matters should they find evidence of abuse or neglect of the child. At that point, law enforcement can initiate criminal charges. Any founded (or substantiated) CPS claims do not automatically result in criminal charges, but it can lead to legal action, child removal, and long-term registry placement. It is important to remember that not all CPS investigations result in criminal charges, but they should be taken seriously as they involve potential risks to child custody. CPS cases require a lower standard of proof (preponderance of evidence) compared to the “beyond a reasonable doubt” standard required for a criminal conviction. A claim that is substantiated by CPS (founded findings) can appear on any future background checks.
It is important to be proactive with any claims of child abuse and neglect. First, consult with a lawyer experienced in the defense of these types of matters immediately. Understand that you do not have to cooperate or volunteer information to any law enforcement agencies or allow them to enter your home without a warrant or an Order from the Court. Furthermore, you do not have to allow interviews with the children absent a warrant or Court Order. If you do choose to talk to a CPS agency worker or officer, be aware that anything you say to can be used in both the civil investigation as well as in any future criminal proceedings that may arise.
CPS operates in civil or family court
CPS can turn over their investigation findings
CPS can issue case plans in founded cases
Police/prosecutors handle criminal charges for crimes in criminal court
Law enforcement can use those interviews and records to pursue criminal charges
Police can bring criminal charges in severe cases
