sECTION 7:
CPS Investigations
Quick Links to information below
What is an Initial Face to Face?
What if CPS is unable to contact a family for investigation?
What actions is CPS authorized to take regarding my child?
Can I audio record the social worker?
Why is the CPS worker asking my child about the possibility of sexual exploitation?
Why is the CPS worker asking my family and myself about domestic violence?
What else should I expect from CPS?
What do all these assessments mean?
What is House Bill 1227 and how can it help me?
What requirements did house bill 1227 impose on both the court and CPS?
What are reasonable and active efforts?
What should I know about signing documents, family and friends involvement, and CPS meetings?
CPS INvestigations
What is a CPS Investigation
What is an Initial face to face
The “Initial Face to Face” policy outlines the procedures for child protective services (CPS) caseworkers, social workers, or investigators when they first meet with children and alleged victims in child welfare cases. The goal is to ensure that CPS conducts timely and safe interactions with families. For example, when CPS receives a report, they must meet with the children or victims within a specific timeframe:
- Within 24 hours for emergencies
- Within 72 hours for non-emergencies
Consider a scenario where a report indicates that a child may be in immediate danger due to neglect. In such a case, according to DCYF Policy 2310, CPS is required to physically attempt to meet the child within 24 hours to assess the situation and take any necessary protective measures.
What if CPS is unable to contact a family?
What actions is CPS authorized to take regarding my child?
The next step is to understand what CPS is authorized to do regarding your child. Some of these actions may be concerning or unexpected, but it’s important to be informed so that you’re not caught off guard.
- CPS has the authority to access all of your child’s medical records, even if the report they received was anonymous and not from a mandatory reporter. Under RCW 26.44.030, if a child has been the subject of a report, all mandatory reporters are required to provide any relevant information about the child, even if they were not the ones who made the initial report.
- CPS is permitted to interview your child outside of your presence, and these interviews can take place at school, daycare, or your home (DCYF Policy 2333). However, according to RCW 74.14B.010 (4) CPS is required to be trained in interviewing your child and you can always inquire whether they have this training according to this statute. The main thing that comes from this statute is the following that the CPS worker must do when interviewing a child: (a) the interview must be based on research-based practices and standards; (b) it must minimize the trauma of all persons who are interviewed during abuse investigations; (c) the CPS worker or even law enforcement must provide methods of reducing the number of investigative interviews necessary whenever possible; (d) assure, to the extent possible, that investigative interviews are thorough, objective, and complete; (e) recognize needs of special populations, such as persons with developmental disabilities; (f) recognize the nature and consequences of victimization; (g) require investigative interviews to be conducted in a manner most likely to permit the interviewed persons the maximum emotional comfort under the circumstances. . Keep in mind, under DCYF 2333(5)(d)(ii), if a child requests to have a specific person present during an interview for comfort, DCYF must make reasonable efforts to accommodate that request. Additionally, Washington Administrative Code (WAC) 110-30-0070(5) requires DCYF to make reasonable efforts to have a third person present during the interview. However, it’s important to understand that these two provisions are different.
The first provision allows the child to request a comforting person to be present, and the social worker must try to accommodate this. The second provision obligates the social worker to attempt to have a third person, such as a supervisor, another social worker, or law enforcement, in the room during the interview. However, the child has the right to object to the presence of this third person.
- CPS does not need your permission to interview your child and often does not seek it (DCYF Policy 2333 and WAC 110-30-0070(4)). However, there are two exceptions: 1. If DCYF does not believe it would endanger the child’s safety, they may ask for permission first. Of importance to note is if the child is Native American, DCYF must follow the protocols outlined in the memorandum of understanding between the tribe and the state. 2. The second exception, according to DCYF 2333(4)(b)(i), applies if the family is already participating in FAR (Family Assessment Response) services. However, it is the same as the first exception, this is only if the social worker does not believe it would endanger the child’s safety. FAR is a program families can engage in during a CPS investigation to prevent the removal of their child (See Section 8 for a more detailed discussion). However, don’t be misled—participating in FAR does not guarantee that you won’t receive a founded finding and it does not guarantee CPS will not remove your child. Some social workers mistakenly tell parents that joining FAR will eliminate the possibility of a founded finding or prevent a removal, but this is not true (See Section 8 for more details).
- DCYF/CPS can audio record your child during the interview: According to DCYF Policy 2350 and 2333(5), CPS is required to make reasonable efforts to audio record interviews in cases involving allegations of physical or sexual abuse, or when your child is being interviewed without you present due to safety concerns. However, there are situations where audio recording may not be possible, such as if your child is too young to communicate, refuses to be recorded, or shows emotional distress.
Before the interview, if it’s not an emergency situation and your child’s safety isn’t at risk, CPS should ask for your permission to conduct the interview and to audio record it. If you refuse to allow the recording, the interviewer will document the conversation as accurately as possible. If your child is old enough to understand, CPS will also ask for their verbal consent to be recorded. If your child refuses, the interview will be documented in detail without being recorded.
Warning: If your child is in protective custody or already in the care of DCYF (removal or a VPA- voluntary placement agreement), your permission for the interview is not required.
- DCYF/CPS must inform you that your child has been interviewed: According to DCYF Policy 2333 (6)(a) CPS investigators must notify the parent of the interview at the earliest possible point in the investigation that will not jeopardize the safety or protection of the child or the course of the investigation.
- Law Enforcement and DCYF: A CPS/DCYF social worker is mandated to report certain situations to law enforcement according to DCYF policy 2333(6)(d) which involves cases of crimes against a child. However, a CPS/DCYF social worker can contact law enforcement at any time if they want. There may be times when a social worker arrives at your home with a law enforcement officer. However, you are not obligated to open the door unless they have a warrant. This tactic is often used by social workers to intimidate you into opening your door.
- When a social worker is in your home, keep in mind that they are documenting everything: the cleanliness of your house, any items within a child’s reach that could be dangerous, whether the home smells of urine or feces, the presence of drug paraphernalia, and whether you have enough food in your cupboards and refrigerator.
- CPS is authorized to photograph your child: First, if Law Enforcement has taken your child into custody per (RCW 26.44.050 (2) and WAC 110-30-0070(6)) for any of the following reasons: 1. they believe that it is necessary to prevent imminent physical harm to the child due to abuse or neglect, 2. sexual abuse or sexual exploitation, 3. high-potency synthetic opioid (i.e. fentanyl), 4. a pattern of severe neglect, 5. the child would be seriously injured; then law enforcement or the department investigating such a report (CPS) is authorized to photograph such a child for the purpose of providing documentary evidence of the physical condition of a child. If this is not the situation and you are being investigated by CPS, the following are protocols are applicable according to, DCYF Policy 2333(5)(e), and DCYF Policy 6500: DCYF/CPS staff are allowed to take photographs of a child only for evidence and case management purposes, and not all cases require photos. Before taking any photographs, they must use a state-issued device without any alterations or filters. If the case involves serious allegations like child abuse or neglect, CPS may follow specific protocols, which might involve law enforcement or other agencies taking the photos. (See above for these types of allegations). When these protocols do not apply, CPS staff must ask for permission from the parent or caregiver if they are present and have custody of the child. If the child is old enough to understand, they must also ask for the child’s permission. If photographs are needed in a Family Assessment Response (FAR) case, parental permission is required.
CPS must document both the request for permission and the response in their records. When taking photos, they should include a full-length shot of the child’s face and images of any injuries that show the shape, size, and location. If the injury is under clothing, the caseworker may ask the child to adjust their clothing to expose the area, depending on the child’s age and comfort level.
Photographs should not be taken if the child is unable to communicate, shows distress, or if permission is not granted by the parent or child. If a photograph cannot be taken, this must also be documented by the caseworker.
CPS is also authorized to audio record the interview with your child, but they must get the child’s permission to do so. Additionally, the child can request someone to be present during the interview (DCYF Policy 2350). If you have concerns about the interview process, you can ask whether the interviewer has received the specialized training required under RCW 74.14B.010.
- CPS can schedule a medical exam for your child with an ARNP or doctor contracted with the department. If you disagree with CPS’s assessment of what happened to your child, you have the right to take your child to your own doctor for an examination, as this could be your only opportunity to do so. Remember that the physician must report their findings within 48 hours, so if you’re not in agreement with their assessment that your child is in imminent danger, you should seek a second opinion as soon as possible (RCW 26.44.030(8)).
- How long can a CPS investigation take: According to WAC 110-30-0070(7), CPS attempts to complete investigations within forty-five (45) days. In no case shall the investigation extend beyond ninety (90) days unless the investigation is being conducted under local protocol, established pursuant to chapter 26.44 RCW, and a law enforcement agency or prosecuting attorney has determined that a longer investigation period is necessary. Overall, the DCYF Policy 2331 states that the social worker must complete the investigation within 60 days. You should primarily focus on the 60-day timeframe, as it is outlined in their policy. However, it’s important to note that the period can be extended to 90 days if the CPS social worker requests an extension.
Can I audio record the social worker?
No. Some parents may feel so overwhelmed by the process that they want to audio record all interactions with the social worker. However, it’s important to know that you are not allowed to do this. According to DCYF Policy 2350(2), CPS social workers are prohibited from allowing anyone to audio record them, and they are required to end communication with you immediately if an attempt is made to record them. Additionally, in this state, recording someone without their consent is a crime.
Since recording is not an option, it’s crucial to take detailed notes during your interactions with the social worker. You can do this with pen and paper or by using the notes app on your phone. This situation can be highly emotional, and it’s easy to forget important details from the conversation. Having notes to refer back to will help ensure that you accurately remember what was discussed. You might also consider having someone else with you during your interactions with CPS. This person can help you remember what was discussed, especially if you’re unable to take notes quickly enough. They can assist in recalling details afterward so you can take notes and ensure nothing is forgotten.
Why is the CPS worker asking my child about the possibility of sexual exploitation?
DCYF continuously monitors whether children are at risk of sexual exploitation at every stage of a case, as outlined in DCYF Policy 1160. In other words, they are required to ask questions about commercial sexual exploitation (CSE) to ensure that this is either ruled out or addressed immediately. The purpose of this policy is to identify, document, and provide culturally sensitive services to children or youth with open cases who are at risk of, or have become victims of, commercial sexual exploitation (CSE). This policy ensures that all children and youth involved with DCYF (whether through child protective services investigations, family assessment responses, or other DCYF programs) are screened for potential CSE victimization.
The policy also mandates that any signs or confirmations of CSE must be reported to law enforcement, emphasizing the critical importance of child safety and well-being. Social workers and DCYF staff are responsible for conducting screenings whenever there is suspicion or indication that a child may be a victim of CSE. If a child is identified or confirmed as a victim, the policy provides specific procedures for assessing their needs and delivering appropriate services, including shared planning meetings to address safety, cultural needs, education, medical care, and more.
This policy ensures that children and youth who are at risk of, or have been affected by, CSE receive the necessary support and services to recover and thrive, while also adhering to legal requirements related to reporting and intervention.
Why is the CPS worker asking my family and myself about domestic violence?
DCYF conducts domestic violence (DV) screening, DCYF Policy 1170, at key points in a case, particularly during an investigation, to determine if DV is present. This screening (called a Universal Domestic Violence Screening) involves asking specific questions about any use or threat of physical force among adults in the home. The screening is conducted individually and separately with parents, caregivers, adults, and children in the home, and it occurs at various stages, including initial contact, new intakes, case transfers, and safety re-assessments.
If DV is identified during the screening, the caseworker or investigator proceeds with a Specialized DV Assessment, which includes interviews, record reviews, and database checks to assess the impact of DV on child safety, the adult victim, and the entire family. This assessment helps determine whether DV poses a threat to child safety or affects the family’s ability to address other concerns related to child abuse or neglect. If DV is found to be a threat to child safety, the caseworker or investigator follows safety plan policies to ensure immediate protective actions are taken.
The information gathered during the DV screening and Specialized DV Assessment is documented throughout the case to ensure all relevant details are recorded. This documentation is vital for ensuring the safety of both DV victims and the children involved in the case. Safety planning and confidential DV safety plans are also documented to protect the identities of victims and witnesses, helping them access appropriate resources and support. The overarching goal is to address the impact of DV on child safety and the family’s well-being throughout the case. Please watch Section 3 for guidance on handling a domestic violence situation if you don’t trust the social worker. Social workers sometimes conduct assessments and interviews with domestic violence victims carelessly, which can put them at risk. If you think this might happen in your case, it’s important to seek out a domestic violence advocate who can ensure your safety. You have the right to tell the social worker that you will only participate in the domestic violence assessment if your advocate is present.
What else should I expect from CPS?
As part of the ongoing process of a CPS investigation, there are additional steps and assessments that will be conducted by CPS as well as the ones above. These include:
Safety Assessment: Conducted by the social worker. If the five criteria of a safety threat in the home are met, a Safety Plan should be implemented (this will be covered in the Section 12). DCYF Policies 1120 and 1130.
Structured Decision Making Risk Assessment: This assessment evaluates the potential risk to the child in the future within your home (also discussed in Section 12). DCYF Policy 2541.
Family Assessment: This assessment should be conducted either alongside or after the Safety Assessment. If done simultaneously with the Safety Assessment, it is likely part of a Comprehensive Family Evaluation. The name of the document is less important; what matters is that it assesses the family’s strengths, needs, resources, and the parent’s caregiving behaviors which in turn can or cannot affect safety threats. It also considers individualized factors specific to your family, such as culture or race. If these factors are not being considered, you should inquire why they are not being taken into account. The Family Assessment is also part of the FAR (Family Assessment Response discussed in Section 8) and FVS (Family Voluntary Services discussed in Section 9) processes per DCYF Policy 1140.
Investigative Assessment: According to DCYF Policy 2540, this report is submitted once the above assessments are complete. It will recommend whether the allegations of child abuse or neglect should be classified as founded or unfounded. For further details, please refer to Section 2 covering the terms “founded,” “unfounded,” and “administrative hearing.” (this will be covered in the Section 12)
What do all these assessments mean?
These assessments are crucial because they directly impact how CPS will interact with your family and what actions they might take. As the parent, these assessments determine the level of risk or safety in your home, identify any areas where support or intervention is needed, and influence the decisions that CPS will make regarding your child’s care.
Each assessment (whether it’s a Safety Assessment, a Risk Assessment, a Family Assessment, or an Investigative Assessment) provides insight into how CPS views your family’s situation and what steps may be necessary moving forward. They are designed to identify any risks or safety threats to your child and to develop a plan to address those concerns. For example, they can lead to the creation of a Safety Plan if necessary, which outlines specific steps you must follow to ensure your child’s safety. If CPS does not believe you are following the plan they can either offer a Voluntary placement agreement (Discussed in section 14) or they can petition the court to have your child removed from you. Understanding these assessments allows you to better advocate for yourself and your family, ensuring that your voice is heard and that the unique circumstances of your family are considered. Ultimately, these assessments shape the course of the investigation and the services or interventions that may be provided to your family. For you, this means it’s important to engage actively in the process, understand what each assessment is evaluating, and be prepared to provide your perspective and input. During this process document everything and take pictures of any documentation you sign.
What is House Bill 1227 and how can it help me?
House Bill 1227 is also know as the “Keeping Families Together Act.” It was enacted because the Washington State Legislature (even in cases of abuse and neglect) felt that forcibly removing a child from their home is inherently traumatic.
There was a standard that CPS had to meet before they removed a child and this standard was so easy to meet, children were being removed frequently without thought of the inherent trauma CPS was inflicting on the child due to their removal. Below is the old standard of removal and the new standard of removal so that you can see how the Washington State Legislature is trying to keep families together.
Old standard: All CPS needed to do was how that there was a serious threat of substantial harm.
New standard: CPS has to show that removing the child would prevent imminent physical harm.
This means that in the past, all CPS had to do is show a threat of harm like poverty, being a young parent, substance abuse, mental illness, or disability, etc., and they would be granted the removal of the child.
However, today under House Bill 1227 that is no longer accurate. They have to show that removal would literally prevent imminent physical harm. In order to dissect this and understand the gravity of this lets take a look at the definition of physical imminent harm: Physical imminent harm refers to a situation where there is an immediate and significant risk of physical injury or danger to a person, typically a child, that requires urgent intervention to prevent serious harm. This term describes scenarios where a child is at immediate risk of being physically harmed. The urgency associated with “imminent” means that action must be taken quickly to prevent the harm from occurring or worsening.
However, keep in mind that House Bill 2447 added an exception to the “physical imminent harm.” This Bill directed that CPS can remove children who are exposed to fentanyl during what the legislature refers to as a “public health crises related to that substance.” So if a parent is using any other substance, that cannot be the reason for removal. But if the parent is using fentanyl then the child can be removed.
Aside from the addition of fentanyl, House Bill 1227 remains fully intact, requiring CPS to present significantly more evidence to the court for the removal of a child than in the past. Furthermore, CPS must demonstrate the specific actions they took to assist the family—mere meetings and investigations are insufficient, and the court will not approve the removal of the child(ren) without more reasonable efforts.
The bottom line is that if you genuinely need assistance due to factors like family poverty, isolation, single parenthood, the age of the parent, crowded or inadequate housing, substance abuse, prenatal drug or alcohol exposure, mental illness, disability or special needs of the parent or child, or nonconforming social behavior, these issues alone do not constitute imminent physical harm. CPS is required to help you address these challenges rather than immediately resorting to child removal, as was done in the past. The only exception to this is fentanyl.
Now the court literally is required to do a balancing test if it is considering CPS’s petition for removal. The court MUST weigh the threat to safety vs. the harm of removal. In other words, if the harm of removal will cause more trauma than the THREAT to safety.
What requirements did House Bill 1227 impose on both the court and CPS?
House Bill 1227 also imposes new requirements on the court. When considering CPS’s petition for removal, the court is mandated to perform a balancing test, weighing the threat to the child’s safety against the potential harm caused by removal. Essentially, if the trauma of removal is likely to outweigh the safety threat, the court is required to keep the child in their home. Additionally, the court must consider any prevention services that could have been, or can still be, offered to the family to avoid removal. If the parent agrees to participate in these services, the court must order the child to be released to the parent.
Finally, if the threat in the home is too great and the child has to be placed out of home then DCYF and the court must prioritize relative and suitable other placement over licensed foster care. DCYF MUST remove common barriers to placement with unlicensed relatives and suitable others.
Summary of duties of both the Court and CPS:
Court: must do a balancing test, order preventative services and if parent agrees then the child returns home, if home is not safe they must order placement with a relative or other suitable.
CPS: must provide preventative services, must ensure that relatives are informed early on so if they are needed then they can be an option for placement if needed.
What are reasonable and active efforts?
When it comes to preventive services, DCYF is obligated to do everything possible to ensure that families remain together and safe (House Bill 1227). These efforts should be made before filing a pickup order and bringing the case to court. This requirement is known as making “reasonable efforts.”
SERVICES AND REASONABLE EFFORTS: DCYF is legally required to make reasonable efforts to prevent or eliminate the need for removing a child from their home. If your case reaches the shelter care stage (the first court hearing focused solely on the child’s placement), the court will ask what reasonable efforts DCYF made to avoid removal. At this point, DCYF must report to the court the specific actions they took to prevent the removal, as outlined in RCW 13.34.065(f)(a)(i). Reasonable efforts are just one of the elements that must be established before a child can be placed out of the home during shelter care, as per RCW 13.34.065. For Native American children, the requirement is even more stringent, referred to as “active efforts.”
Reasonable efforts go beyond simply meeting with parents and interviewing them and their children. They involve offering services that could prevent the removal of the children, not just providing a list of community resources. This could also include providing concrete goods to address immediate needs. For “active efforts,” the requirements are more extensive, such as transporting the parent to appointments rather than just giving them directions, and reaching out to the tribe for additional support.
DCYF Policy 4304 further clarifies the requirement for reasonable efforts, which is also mandated by the federal “Adoption and Safe Families Act.” This law stipulates that reasonable efforts must be made to prevent placing a child in out-of-home care. For children covered by the State or Federal Indian Child Welfare Act (ICWA), active efforts must be made. The policy requires the social or caseworker to identify and offer appropriate, reasonably available services to address the parenting deficiencies that made the child unsafe. For example, if a parent has signed a Voluntary Placement Agreement (VPA), the social or caseworker must offer reunification services aimed at eliminating the need for out-of-home placement. These services must focus on identified safety threats, be culturally appropriate, geographically accessible, and tailored to the parent’s specific needs, including any developmental delays or disabilities they may have.
What should I know about signing documents, family and friends involvement and CPS meetings?
Signing documents: If you sign any documents, such as a safety plan, be sure to obtain a copy—either by taking pictures of each page or by receiving a physical copy. It’s important to have this documentation because safety plans or protective action plans outline the services, goods, or goals that you agreed to, as well as what CPS promised to provide to help prevent the removal of your child. These documents also detail the relatives or other suitable individuals who may be involved if there is an immediate danger.
Family and Friends: We discuss the role of family and friends during the pre-court filing stage because these are the people you might turn to for potential placement of your child should DCYF decide on removal. It’s essential to involve these individuals throughout the process to ensure that DCYF is aware of your support network and potential placement options. “Relatives” is a straightforward term, while “other suitable person” refers to someone with a close relationship to the child, such as a trusted friend or someone connected to the child in a meaningful way. Another reason to involve these individuals is that if you decide not to engage with DCYF, you can choose for them to take Emergency Minor Guardianship of the child, which can prevent DCYF involvement since the child would be in a legally safe environment. Keep in mind, however, that Emergency Minor Guardianships will likely need to transition into full Guardianships if safety threats in your home remain unresolved (see Section 15 on guardianships).
One way to keep relatives or other suitable persons involved, and to ensure that DCYF/CPS recognizes their involvement as a support system, is by inviting them to meetings. It’s important to be aware of two distinct types of meetings. If you’re considering guardianship but haven’t made a final decision, one of these meetings might indicate that your child is at risk of imminent removal.
Meetings: Finally, we will discuss meetings and the importance of each kind since these can be indicators of the direction of your case:
A Shared Planning Meeting under DCYF Policy 1710 is intended to bring together parents, children, youth, caregivers, relatives, fictive kin, natural supports, and other relevant parties. The purpose of this meeting is to develop a plan that prioritizes child safety and addresses the support and service needs of everyone involved. These meetings allow for the sharing of information, the development of case plans, and decisions that support the safety, permanency, and well-being of children. While these meetings also occur during dependency cases, attending a Shared Planning Meeting usually indicates that you are discussing areas where your case needs assistance or improvement and that CPS/DCYF is willing to work with you. Always clarify whether it is a Shared Planning Meeting or a Family Team Decision Meeting (See Section 13 for an in-depth discussion on meetings)
A Family Team Decision Meeting (FTDM) occurs only if DCYF/CPS is considering removing your child per DCYF Policy 1720 (See Section 13). If you are contemplating guardianship, this is the time to make that decision before the FTDM takes place. It’s important to note two things: first, while an FTDM is a significant indicator, it does not guarantee that a child will be removed; and second, it’s possible for a pickup order to be filed before the FTDM, depending on the situation.
We share all this information so you can understand where you are in the process and why the social worker is taking certain actions.
Links, Forms & Publications
Links
CPS investigation pamphlet -what to expect from a CPS investigation.
Child’s physical description form. CPS fills this out to have a description of the child.
Social Workers Practice guide to Domestic Violence. This would be important to understand what the social worker is looking for when they are conducting a Domestic Violence assessment.
A guide to recognizing and reporting abuse and neglect. This manual describes what DCYF is looking for, what the process is and the course of a case.
FAR (Family Assessment Response) Brochure. This explains what FAR is and what it does for you.
Conversation pamphlet for social worker to have with parents about early learning programs and family support in Washington.
Safety threshold handout. This is a handout about what DCYF/CPS is looking for in determining safety threats in the home.
Safety Assessment information gathering questions. These are the questions that DCYF would be asking you or contemplating in their assessment of safety in your home.
Safety Plan Analysis Guide. These are more ways DCYF/CPS is evaluating the safety in your home.
Comprehense Family Evaluation/Family Assessment.
Guide to shared planning meetings, FTDMs and other meetings.
Address confidentiality program for domestic violence.
Understanding the Dependency process pamphlet. We provide this here since a CPS investigation can quite possibly lead to removal, followed by the dependency process.