A state child protection agency provides procedures and regulations for handling cases of child abuse or neglect. Every state in the United States has child protection agencies.
Any report of child abuse or neglect should be made to a state child protection agency. The agency will then investigate the allegations that were made and take steps to ensure the safety and welfare of the child.
The name of the agency will vary from state to state. In certain states, the agency is called Child Protective Services (CPS). In other states, it may be referred to by other names, such as:
- Department of Child Services (DCS);
- Department of Human Services (DHS);
- Department of Children and Families (DCF); or
- Other names as chosen by the state.
The function of a child protective service agency, regardless of its title, is essentially the same. Child protective services agencies may assist with cases in which individuals are being investigated by CPS or a similar agency.
An individual’s attorney will help ensure that the rights of the parents are protected during the investigation.
Who is Required to Report Evidence of Child Abuse?
Any individual who is made aware of a situation that involves child abuse or neglect should report it to their local child protective agency. There are, however, certain individuals who are required to report abuse or neglect because of their professions.
Certain professions have a mandatory reporting requirement if the employee becomes aware of abuse or neglect, including:
- Medical or hospital personnel;
- School officials;
- Social service workers;
- Residential care workers; or
- Law enforcement personnel.
What is a Dependency and Neglect Proceeding?
As previously noted, every state has a child protection agency that regulates and handles cases involving child abuse and neglect. These agencies are tasked with investigating reports of abuse and taking the appropriate steps to ensure the safety and welfare of the child.
Dependency and neglect proceedings allow a court to conduct a judicial analysis of the health of a family. At the prosecution’s request, a state welfare agency, such as a child protection agency, or the court itself, an order can be issued to a family with a child or children to analyze their health.
The focus of dependency and neglect proceedings is the fitness or the condition of the parent or guardian of the child. A state that conducts a dependency and neglect proceeding will generally place the needs and best interest of the child ahead of those of the parent or guardian.
It is the responsibility of the child protection agency to investigate abuse allegations. The agency is required to determine whether the allegations are true by:
- Conducting interviews with any relevant parties;
- Observing relevant parties and their interactions; and
- Obtaining any relevant documents and evidence.
If an agency finds that the allegations of abuse or neglect are true, the child may be removed temporarily from the home in order to ensure their safety.
What Could Lead to a Dependency and Neglect Proceeding?
Dependency and neglect proceedings are triggered, in general, by four circumstances, including:
- A child commits a juvenile crime;
- A child is habitually late or absent from school;
- One or both parents are involved in a domestic violence case; and
- One or both parties are involved in a case of child abuse.
Juvenile crime is any crime which is committed by a child under the age of 18. Most states consider a child 14 years of age or older to be capable of intentionally committing a crime.
Children ages 7 and younger are typically considered incapable of committing a crime other than homicide. If a child commits a juvenile crime or is a repeat offender, dependency and neglect proceedings may occur to investigate whether abuse or neglect at home may be contributing to the child’s delinquent behavior.
If a child exceeds the number of permitted unexcused absences from school the can be considered a truant. Schools are required to keep records of the attendance of students.
If a child is considered truant, a school district will notify the child’s parents. In addition, a truancy petition may be filed with family court, which can lead to a dependency and neglect proceeding to investigate whether the parents are responsible for the habitual absence of the child.
Domestic violence may include physical and emotional abuse. It involves behavior used by one individual in a relationship to control the other party.
If a report of domestic violence exists involving the parents, a child protective agency will most likely conduct dependency and neglect proceedings in order to ensure that the child is safe. In addition, the proceedings may be used to determine if there is abuse occurring towards the child.
The most obvious circumstances which would cause dependency and neglect proceedings are when one or both of the parents are involved in a child abuse case. Child abuse may include:
- Physical abuse;
- Sexual abuse;
- Emotional abuse; and
- Neglect.
What are the Consequences of a Dependency and Neglect Proceeding?
The consequences of dependency and neglect proceedings are typically imposed in addition to other criminal punishments for domestic violence and child abuse. Criminal punishments for these offenses typically include:
- Incarceration;
- Parole;
- Fines; and
- Probation.
Dependency and neglect proceeding consequences may include, but are not limited to:
- The appointment of a Guardian ad Litem, who is an individual assigned to advocate for a child and their best interests during supervised visitation and child abuse cases;
- Being required to complete a treatment plan, for example, family counseling;
- Community service;
- Fines ranging from $50 to $5,000;
- Jail time ranging from three days to two years;
- Adverse effects on any child custody or visitation arrangements; or
- The termination of parental rights.
The severity of the abuse or neglect will affect the penalties imposed upon the offender. In general, a court is permitted to do as it sees fit to protect a child and their best interests.
Because of this, only a decision of a court to order a dependency and neglect proceeding or a decision to terminate parental rights are subject to an appeal. As previously noted, the purpose of dependency and neglect proceedings is to ensure the safety and well-being of the child.
It is essential for any child who is being abused or neglected to be cared for and kept safe. A court does not typically favor separating families or terminating parental rights.
These steps will usually only be taken if that is what is truly necessary, best, and safest for the child.
Should I Hire an Attorney for Help with a Dependency and Neglect Proceeding?
Yes, it is essential to have the assistance of a children attorney for any issues, questions, or concerns you have related to dependency and neglect proceedings. If you are being investigated or are involved in dependency and neglect proceedings, it is important to consult with an attorney as soon as possible.
Your attorney can review your case, advise you on why you are being investigated, and advise you of your rights under the laws of your state. In addition, your attorney will represent you during any court proceedings related to the investigation.
If you have become aware of child abuse or neglect and are unsure of your reporting duties or wish to obtain legal advise prior to making a report, your attorney can help.
