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Speak Up! - View Question #626 |
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Question: What happens when kids are found left alone in an unsanitary environment?
Answer: The State agency that investigates whether
children are living in an unacceptable environment (usually due to child
abuse or neglect) is Child Protective Services (CPS). In order for CPS
to investigate a situation or home environment, they must be notified
that a child may be living in an unfit situation. The Law requires people
who frequently encounter children (doctors, nurses, teachers, social workers,
police officers, and others) to report suspected child abuse or neglect
to CPS so that CPS can investigate. Anyone may report their concern that
a child may be living in an unfit environment to CPS. This is done by
dialing 1-888-SOS-CHILD.
CPS assigns an investigator and, depending on the urgency
of the report (child misses too many days of school versus drug crazed
parent is pointing a loaded weapon at the children) the investigator will
investigate the report. CPS will either substantiate the report or not
substantiate it, based on its investigation. Depending on the seriousness
of the problems it determines exist, CPS may merely refer the family for
community services (counseling, parenting classes, homemaker services,
salvation army for furniture, food bank for food) to help the family correct
the problems. CPS may stick around to make sure the family participates
in rehabilitative services with the threat of removing the child hanging
over the parents.
If the home situation creates imminent risk to the child, CPS may take temporary custody of the child. This can be merely for a doctor's examination to help determine if the child would be safe in the home-for example to determine whether a child's injuries are accidental or intentionally inflicted, or whether a baby has broken bones or merely cries a lot. If it is finally determined that a child's home is just not safe, CPS will take custody for longer. If the parent agrees and the situation will likely resolve within a reasonable period of time (for example, the parent must serve 30 days in jail and has no one to help care for the child), the parent and CPS can enter into a voluntary foster care agreement. The law allows a parent and CPS to enter into such an agreement up to twice within a two year period for up to 90 days each. If there is not a voluntary agreement, CPS must file a dependency petition in the juvenile court alleging that a child is without proper parenting in order to keep custody of the child for more than 72 hours. The parents and the child have the right to contest the allegations about their fitness in a trial in juvenile court.
When CPS has custody of a child, they place the child with a relative, in a foster home or a group home, usually. Ultimately, if a child is found to be a dependent child (dependent on CPS for proper parenting), the parents are required to participate in rehabilitative services to rectify the problems so that the child can safely return home. These services often include psychological evaluation and therapy, substance abuse assessment and treatment, parenting classes, domestic violence counseling, and family counseling. CPS is required to offer these types of services from the moment the child is removed from the home, and parents may participate at that stage. After the dependency trial, parents will be court ordered to participate in services. The court will periodically review the parents progress in rectifying the problems that cause the child to be placed outside the home and whether the child's needs are being met by CPS.
If, after a substantial period of time, the parents aren't getting any better, the court directs CPS to explore permanency plans other than returning home. These can include adoption, guardianship, and preparation for independent living for older children. In most cases, parents and children are reunited.
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