sECTION 16:

Your Rights in DCYF Investigations: Founded vs. Unfounded Findings, Record Retention, Appeals and Clearing Your Record

Quick Links to information below

Warning: you are not afforded a court appointed attorney for any of the adminstrative process.

Understanding CPS Findings: Founded Vs. Unfounded

Record Retention & Destructions of Findings: You Could have a lawsuit

CPS Investigative Findings: Notification Process

How to Appeal a founded finding: your rights & Step-by-Step process

Clearing your Record: Certificate of parental improvement (CPI)

Key Legal Protections & You Rights

Resources

Founded,
unfounded,
RECords,
Appeals,
record-
clearing

Warning: You Are Not Afforded an Court appointed Attorney for any of the administrative process

Whether you are pre-court or in a dependency case, there is no legal mechanism that provides you with a court-appointed attorney to contest or appeal a Founded Finding of child abuse or neglect. Unlike dependency cases—where parents have the right to legal representation for child custody matters—challenging a Founded Finding is an administrative process, and you must either:

  • Represent yourself (pro se) in the administrative hearing.
  • Hire a private attorney at your own expense.

This is why we have created this page—to give you enough information to get started and understand your rights, the appeal process, and what steps you need to take.

Understanding CPS Findings: Founded vs. Unfounded

When DCYF investigates a child abuse or neglect allegation, the findings can be either Founded or Unfounded.

  • Founded Finding – Means DCYF determined by a preponderance of the evidence (more likely than not) that child abuse or neglect occurred (RCW 26.44.020 and WAC 110-30-0030).
  • Unfounded Finding – Means DCYF determined that child abuse or neglect did not occur or that there was insufficient evidence.

💡 Why this matters: A Founded Finding can affect employment, licensing, and background checks, while an Unfounded Finding should be removed from records after a set period. For further definitions see Section 2.

Record Retention & Destruction of Findings: you could have a lawsuit

DCYF is legally required to follow strict rules for how long they keep CPS findings and when they must destroy them.

🔎 Retention & Destruction Guidelines (RCW 26.44.031 & WAC 110-30-0210)

  • Screened-Out Reports → Must be destroyed after 3 years.
  • Unfounded or Inconclusive Reports → Must be destroyed after 6 years, unless there’s a prior or later Founded Finding involving the same family.
  • Founded Findings → Can be retained indefinitely, unless overturned or removed through appeal.

 

🚨 If DCYF fails to destroy records as required, you can:

  • File a case in Superior Court for enforcement.
  • Seek penalties of up to $1,000 plus attorney’s fees.

🔗 DCYF Public Records Request (for requesting CPS records to clarify what DCYF has retained under your name)- Also see section 17 on discussion of records requests.

 

CPS Investigative Findings: Notification Process

DCYF should follow specific policies when notifying individuals about investigative findings (aka founded or unfounded findings). These procedures are outlined in: Policy 2559B – CPS Investigative Findings Notification

These policies ensure that individuals under investigation receive proper notification of findings and have an opportunity to challenge them through a formal process.

DCYF Notification Process (Policy 2559B)

Under WAC 110-30-0180 to WAC 110-30-0200, DCYF must formally notify individuals of the outcome of their CPS investigation.

How DCYF Notifies You of a Finding

1️⃣ Founded Findings Notifications:

  • Sent to your last known address via certified mail with return receipt requested.
  • If certified mail is returned, and you have an open case with DCYF (such as Family Voluntary Services or Child Welfare Services), DCYF must personally serve the notice.
  • If you refuse the notification, DCYF must document the refusal.

2️⃣ Unfounded Findings Notifications:

  • Sent via regular mail or encrypted email to your last known address.
  • DCYF is required to document when and how the notice was delivered.

📌 Key Takeaway: You must check your mail carefully. If you miss the notice, you could lose your right to appeal (you only have 30 days to respond!).

How to Appeal a Founded Finding: Your Rights & Step-by-Step Process

If DCYF determines a Founded Finding of child abuse or neglect, you have the right to challenge it through a multi-step appeal process. This process includes an internal review, a formal administrative hearing, and a judicial appeal if necessary. Policy 2559C – CPS Investigative Founded Findings Review

Step 1: Request an Internal Review (First Appeal)

Deadline: You must request a review within 30 calendar days of receiving your Founded Finding notification (WAC 110-30-0230). Generally, the instructions on how to appeal are attached to the finding. 

How to Request a Review

  • Send a written request following the instructions in your DCYF notification letter.
  • Include supporting documents, such as:
    • Witness statements
    • Proof of completed services
    • Any other evidence that challenges the finding.

Review Process (WAC 110-30-0250 & Policy 2559C)

  • A DCYF Regional Administrator or designee (who was not involved in the original investigation) will review your case, including:
    • CPS case records & investigative summary report (see section 12 for discussion of investigative assessment which produces and investigative report)
    • Any evidence or written response you submit
    • Interviews with the assigned CPS worker or supervisor (if necessary)

Outcome (WAC 110-30-0260 & WAC 110-30-0270)

  • If the review overturns the Founded Finding, DCYF must update records within 10 days.
  • If the finding remains Founded, DCYF must notify you in writing and provide instructions on how to request an administrative hearing.

🚨 Key Takeaway: If you do not request a review within 30 days, you lose your right to appeal (WAC 110-30-0240).

Step 2: Administrative Hearing (Second Appeal)

If DCYF upholds the Founded Finding after the internal review, you can request a formal administrative hearing before an Administrative Law Judge (ALJ).

Deadline: You must request a hearing within 30 days with the Office of Adminstrative Hearings (OAH) of receiving the review decision (WAC 110-30-0280). Incidentally, the Office of Administrative Hearings (OAH)  also has detailed information to help you navigate your appeal, including:

  • General Hearing Information – How to request a hearing, whether you need a lawyer, how to reschedule, request accommodations, or handle lost paperwork.
  • How to Prepare – What to expect during the hearing, how to participate effectively, prepare for a phone hearing, and estimate the hearing’s duration.
  • What to Expect – An overview of the Prehearing Conference (PHC), the hearing process (including exhibits, testimony, and witness questioning), and what happens if you miss your hearing.
  • After Your Hearing – How the judge makes a decision, when you will receive the ruling, and how to appeal if you disagree with the outcome.

Using both this webpage and OAH can help you understand the process and best represent yourself.

The Hearing Process (WAC 110-30-0290 & RCW 34.05)

  • The hearing takes place at the Office of Administrative Hearings (OAH) and follows the Washington Administrative Procedure Act (RCW 34.05 & WAC 110-03).
  • The ALJ reviews:
    • Witness testimony
    • Case documents
    • Any legal arguments you present.
  • The burden of proof is on DCYF—the ALJ must determine whether the finding is supported by a preponderance of the evidence.

Possible Outcomes (WAC 110-30-0340)

  • If the ALJ finds insufficient evidence, they will overturn the Founded Finding, and DCYF must remove it from their records.
  • If the ALJ upholds the Founded Finding, you may proceed to judicial review.

🚨 Important (WAC 110-30-0300): If a dependency petition has been filed in juvenile court, the administrative hearing must be postponed until the court rules on the dependency case.

Step 3: Judicial Review (Third Appeal)

If the administrative hearing does not result in an overturned finding, you have the right to appeal in Superior Court under the Washington Administrative Procedure Act (RCW 34.05). Specifically RCW 34.05.510 through 34.05.598.

How Judicial Review Works

  • This is a formal court appeal requiring legal filings and court procedures. You must do this within 30 days of the Adminstrative Law Judge’s (ALJ) final order. Or if it is not a final order then after the Board of Appeals review (WAC 388-02-0560 through 388-02-0595). 
  • This guide (from WashingtonLegalHelp.org) can help you through this process.  As you can see on the form it will state that you can file in Thurston county OR! in the place of the petitioner’s residence (you are the petitioner).  
  • A judge will review the administrative hearing record and determine whether DCYF’s Founded Finding was supported by law.
  • If successful, the Founded Finding will be removed from DCYF’s system.

🚨 Key Takeaway: If you do nothing, the Founded Finding stays on your record indefinitely and may affect employment, licensing, and background checks.

 

Clearing Your Record: Certificate of Parental Improvement (CPI)

Even if you cannot appeal a founded finding, you may still qualify for a Certificate of Parental Improvement (CPI), which helps remove barriers to employment, licensing, and child placement.

CPI Eligibility (RCW 74.13.720 & WAC 110-30-0270, 110-30-0280, 11-30- 0290):

You must wait at least 5 years after case closure to apply.

Who CAN Apply?

✔️ Parents who have shown rehabilitation and stability.

✔️ Individuals wanting to work in childcare, assisted living, or foster care.

Who CANNOT Apply?

❌ If your case involved severe physical abuse, sexual abuse, or child death.

❌ If you have new founded findings since your case closed.

How to Apply:

  1. Complete the Background Check Authorization Form.
  2. Fill out the CPI Request Form.
  3. Submit Documents (proof of rehabilitation, work history, service completions).
  4. Attend an Interview with a DCYF specialist.
  5. DCYF must respond within 60 days.

🔗 Apply for a CPI

💡 Why Get a CPI? Even though it does not erase the founded finding, it removes employment and licensing barriers.

Key Legal Protections & Your Rights

You have legal rights under Washington law to:

Links, Forms & Publications

Office of Administrative Hearings DCYF tab

RCW 26.44 – Child Abuse & Neglect Laws

WAC 110-30 – CPS Investigation & Appeals

Request CPS Records

Certificate of Parental Improvement (CPI)

RCW 34.05 Administrative Procedures Act