sECTION 5:

Intake and Rights

Quick Links to information below

What is an intake?

Why is CPS contacting me (the parent)?

Can DCYF File a Petition on my child if we are not even in this County or State?

If CPS is  investigating me, am I allowed to leave the county or the state?

Are you required to answer or respond if CPS contacts you by phone?

Are you Required to open the door for a CPS social worker? 

Are you Required to sign a release of information?

Do You  have to answer the domestic violence screening? 

Am I required to attend meetings? 

What is the important Take away? 

Intakes &
Rights

What is an Intake?

An intake is the initial stage in the Child Protective Services (CPS) process where a report or referral of suspected child abuse or neglect is received and assessed. During this stage, CPS gathers preliminary information to determine whether the report meets the criteria for further investigation. The intake process involves: Receiving the Report- This can come from various sources, including teachers, doctors, neighbors, or even anonymous individuals. The report details concerns about the child’s well-being. Gathering Information- CPS collects essential information about the child, family, and the nature of the alleged abuse or neglect. This can include the child’s age, the family’s living situation, and specific incidents that raise concern. Conducting Assessments: CPS assesses the information to decide if the report warrants a formal investigation. They consider factors like the severity of the allegations, the risk to the child, and any previous history with the family. Decision Making: Based on the assessment, CPS decides whether to open a case for further investigation, provide services to the family, or close the report if the concerns do not meet the threshold for intervention.

Understanding the intake process can help parents know what to expect and how to respond appropriate.

Why is CPS contacting me (the parent)?

As stated above, CPS now needs to investigate the intake.  So you are being contacted because they want to interview you, your children or anyone else in the home.  

Once the intake is received, DCYF will decide whether your case will be 1) a CPS investigation or 2) they will ask you to participate in a program called FAR (Family Assessment Response) or 3) to participate in a program called FVS (Family Voluntary Services).  

The way CPS/DCYF makes this determination is based upon the gravity of the intake and your situation.  When CPS receives a referral CPS must investigate the complaint. With either situation, DCYF is obligated to offer you services.  They must make “reasonable efforts” to prevent the removal of a child. . 

We will further discuss cps investigations in section 7, family assessment in section 8 and family voluntary services in section 9.  

As previously noted in the definitions video, intakes/referrals can come from either an anonymous caller (relative, neighbor, friend, stranger) or they can come from a mandatory reporter.  Again, keep in mind that anyone who reports to CPS is immune from liability, HOWEVER if this was done out of BAD FAITH ( meaning that someone reported to CPS just to harass you (and there is no abuse or neglect of your child) this person can be guilty of a misdemeanor. 

CAUTION: if you have gone to the hospital to seek help for your child or you are giving birth in a hospital and the hospital is not releasing your child please watch section 10 on Hospital Holds. 

Frequently Asked Questions During CPS Involvement Before Court Proceedings:

Can DCYF File a petition on my child if we are not even in this county or State?

This is a complex question, as it depends on the court’s interpretation. According to RCW 13.34.040, a petition must be filed showing that there is a dependent child within or residing within the county. However, case law, such as In re Hansen (24 Wash. App 27, 1979), indicates that Washington courts can assert jurisdiction if the child most recently lived in Washington and if the state is the most reliable source of first-hand information concerning the child’s current and future welfare. In summary, be cautious—if you inform CPS/DCYF of your whereabouts, Washington can still file a petition and potentially collaborate with another state to arrange the child’s pickup. While a petition generally cannot be filed outside of the county, circumstances like these may still allow for such actions.

 

If CPS is investigating me, am I allowed to leave the county or the state?

Yes, you are allowed to leave the state, but there’s an important caution to keep in mind: ensure that DCYF has not filed a petition for removal or dependency. Once such a petition is filed, the court gains jurisdiction over your child. If you are unable to present the child to the court, they may issue a writ of habeas corpus, which authorizes the sheriff to retrieve your child. Starting a court case under these circumstances can negatively impact how the court views your cooperation.

However, if no petition has been filed, there is no court order restricting you or your family to a specific area. While CPS/DCYF might make allegations or assumptions that you are fleeing the investigation if you leave the state or county, having legitimate reasons to relocate does not constitute fleeing. You retain certain freedoms and rights, and if there is no court order in place, you are free to travel with your family as you see fit.

Are you required to answer or respond if cPS contacts you by phone?

No, you are not required to answer. However, be aware that their investigation won’t stop there. If your children attend school or daycare, CPS may contact them in those settings. This could lead to a one-sided investigation without your input, so it’s important to consider this before deciding not to respond. 

Are you required to open the door for a CPS social worker?

You are not required to open the door for the social worker. However, this may be a moment to reconsider and decide whether you want to engage with CPS. Even if you choose not to open the door, it’s a good opportunity to assess your home’s condition, as they will want to conduct a walkthrough. During this visit, they will look for signs that your home is clean, such as whether it smells fresh, if there’s food in the cabinets and refrigerator, and if there are any choking hazards for small children. They will also observe whether your children are clean and well-dressed, whether the home is cluttered, and whether alcohol, drugs, or drug paraphernalia are present. If these items are in the home, they will check if they are stored safely, like being kept out of reach or in a lockbox. Additionally, they’ll look for safety measures like baby gates and safety locks. If your home isn’t ready for this inspection, you may want to take time to get things in order before deciding whether to answer the door. However, keep in mind that not responding won’t make the investigation go away. This is a clear sign that DCYF will be returning and that the investigation will continue. You will have limited time to get your home in order before the social worker comes back, either on their own or potentially with law enforcement if they believe the child is in imminent danger. In such a case, the law enforcement officer could enter your home without a court order or warrant.

 

Are you required to sign a release of information?

No, you are not obligated to sign a Release of Information (ROI). If you are participating in services, it’s advisable to sign the ROI only for those specific services you are currently involved in, not for any past or historical services. Allowing access to your history can lead to the social worker conducting a deeper investigation into your past. The ROI should be limited to services you are currently receiving through programs like FAR or FVS. Be sure to modify and cross out any sections of the ROI to ensure it only grants access to the current services you are participating in. 

1.  The first type of Release of Information/consent form DCYF may ask you to sign is the Consent for Release of Information, which allows them to access your past records from healthcare, mental health, substance abuse, and other areas. If you are asked to fill out this form to receive services through FAR or FVS, it might be helpful to consider a few things.

In Section 2 of the form, you might choose to only check the boxes for the services you will be participating in, and next to the service names, you can write “authorizing release of information from the present date forward.” This approach allows you to grant permission for DCYF to monitor your progress in these current services without giving them access to your past records.

There is another section with additional checkboxes. If these boxes are checked without specific dates of authorization, it could potentially give DCYF access to all your past information. If you prefer not to authorize that, you might want to cross out those boxes and write “not authorized” next to them. Additionally, anywhere a checkbox is marked, you can write “authorized from present forward” to clarify your intent.

In Section 3, which discusses how long your consent is valid, you might consider indicating that the consent is valid for one year, ensuring that DCYF has access to the information related to your current participation and progress in services. This approach can help you maintain control over what information is shared while still cooperating with the necessary services.

2. The second Release of Information/consent form authorizes DCYF/CPS to disclose your confidential information to another person or entity. Although the instructions mention sharing information with your attorney, a legislator, or a relative, it’s important to understand that this form is often used to share information with service providers you are working with. This means that the information shared could include any DCYF records, even those not directly relevant to the services you’re participating in. For example, they may request that you sign a release allowing your mental health provider to access information about previous intakes involving you and your child, even if those intakes are unrelated to your current mental health services.

If you are participating in parenting services and believe it would be beneficial for the service provider to have access to specific information related to the current investigation, you might consider signing the release of information for that purpose. When filling out this form, the authorization section includes checkboxes for various broad categories of information. If you only want to release information relevant to your current situation, you could check the box that says “the following records only” and write next to it, “intake that CPS is currently investigating only.”

In the section labeled “records to be disclosed,” you could do the same—check the box for “the following records only” and specify “intake that CPS is currently investigating only.” Additionally, in the section that allows you to limit the records to be disclosed, you might write “the intake that CPS is currently investigating only and nothing prior to that date.” You are not required to mark any of the special records sections, even if they relate to mental health or chemical dependency, unless you choose to do so.

Keep in mind that chemical dependency agencies and mental health providers can obtain prior records directly through their own release forms. Remember, you can revoke or withdraw your consent in writing at any time, although this won’t affect any information already disclosed. If you do decide to allow CPS to share information with your service providers, this can include anything from CPS records of founded and unfounded findings, the intake, and any information they’ve gathered from a previous investigation.

Do you have to answer the domestic violence screening?

No, you are not required to participate, answer questions, or fill out anything in writing if they hand you a packet. While the social worker is obligated to conduct this process, your participation is entirely voluntary. If you are experiencing domestic violence, DCYF can offer assistance, but as we’ve mentioned in previous sections, social workers may not always handle these situations effectively. In such cases, seeking help from a domestic violence advocate may be more beneficial.

CPS/DCYF social workers are required to conduct a domestic violence screening, which involves separate interviews with all parents, caregivers, adults, and children in the home. If you are concerned about potential retaliation from the perpetrator for sharing information during the interview, you should inform the social worker. If you feel that the social worker may not adequately protect your confidentiality, it’s crucial to speak with a domestic violence advocate. If you are in a dangerous situation, communicate this to the social worker so you can work together to develop a plan for safely removing yourself and your children from the perpetrator.

Am I required to attend meetings?

When CPS holds a meeting before the removal of a child, it is called a Family Team Decision Meeting (FTDM). You are not required to attend this meeting. During an FTDM, the CPS investigator will continue gathering as much information as possible. They may invite anyone you have worked with, especially in a FAR case, as well as family members and others connected to the child, such as teachers, school counselors, and doctors. The primary purpose of the meeting is to address the safety concerns within the household.

While it may appear that they are working on a plan to keep the child at home, these meetings often focus on gathering any remaining information needed to initiate a pickup order for your child’s removal. It’s crucial to understand that legal representation is not provided until the shelter care hearing, which is the first hearing after your child is removed. Therefore, you will not have access to an attorney at this stage.

These meetings can be emotionally intense for parents, and any response, statement, or action you take could potentially be used against you. Although it’s natural to feel emotional, it’s important to remain calm, as your behavior during these meetings can influence how you are perceived in court. If you decide to attend, try to stay composed and provide thoughtful responses. For more details on meetings, see section 13.

What is the important take away?

It’s a good idea to take photos of every document you sign. This can help you keep a record in case any changes are made after you’ve signed. Make sure to photograph each page and keep track of any alterations. For instance, if a social worker claims to have obtained something without your knowledge, you can refer back to your copy as a reference.

Links, Forms & Publications

First Release of Information/Consent Form

Second Release of Information/ConsentConsent Form

This DCYF publication, beginning on page 9, explains the intake process. You may have previously encountered this document in the Definitions section, which details child abuse and neglect on pages 1-8. However, for this section, pages 10-13 are particularly relevant as they provide a more detailed description of the process.

This DCYF publication outlines the factors that influence a social worker’s decision-making process regarding an intake. This information is important for you as a parent because it provides insight into the decision-making process of social workers, including what they are looking for, what they are required to do and report, and a flowchart of the CPS response assessment.

Parent information sheet for shared planning meetings and staff. Typically, these forms are used during the dependency process. However, this particular form provides definitions for these meetings and may help you understand the type of meeting you are participating in.

Guide to shared planning meetings: further defintions.