Inside CPS and the Foster

Care System

Part 2:  Meeting Criteria for Abuse or Neglect

Last month’s article focused on the many perspectives CPS caseworkers and supervisors encounter during an investigation, after a report has been registered with the SCR concerning the wellbeing of a child.

When a case is deemed unfounded, it can be a source of frustration for the mandated reporter who may only have one person’s perspective. While CPS staff are not legally able to share investigative information, an unfounded case does not mean there were no risk issues.

In part two of this special four-part series, we explore how CPS works behind the scenes to reduce risk when there are concerns for a child.

“Interventions are always happening, regardless of the determination of a case,” said Elyse Wagner, Senior Caseworker for Child Protective Services, Monroe County Department of Human Services.

“Because everything is confidential when we’re investigating a case,” she said, “it may not be apparent why or how CPS makes decisions, which may make it difficult for mandated reporters or the community to understand the outcome of an investigation.”

She explained that, oftentimes, there is parent action or inaction that has the potential to affect a child—but with no clear harm to the child.  It all comes down to possible impact vs impact.

“Risk is the future likelihood of abuse or maltreatment—something that may happen to a child in the future ,” explained Wagner, “while safety concerns are immediate and impending—something occurring right now.” She stressed the importance of the distinction between risk and safety concerns, as it directs how decisions are made in a case.

She used the example of parents who use drugs in the home. While not an ideal situation, if the parents keep the drugs in a locked box and they aren’t using drugs while caring for or supervising the child, then the child is not in danger of immediate or impending harm. Of course there is risk, but if the investigation yields no immediate or impending impact to the child, then the case may be deemed unfounded.

“Decisions are very formulaic,” Wagner said, “based on in-depth conversations and supervision during an investigation. There can be a lot of risk, but that does not necessarily put a child in impending harm.”

As explained in the previous article on “Many Perspectives,” there is more to a case than one person’s account. Sometimes the account did occur, but the situation or events don’t meet the specific criteria for abuse or neglect needed to indicate a case.  

“Abuse is very different from neglect,” said Wagner. “The definition of abuse includes severe physical injury that results in protracted long-term injury (e.g., broken bones or internal injuries), the crime of sexual abuse, and fatality.” 

An Impact Team investigates these significant cases of abuse alongside law enforcement. “Our side of the house,” said Wagner, “and the majority of CPS teams investigate neglect.”

When determining if a child is a victim of neglect, there are three components required to indicate a case:

1. Impairment or immediate impairment of harm or impending danger of harm (not something that could happen, but will happen).
2. Failure to exercise a minimal degree of care.
3. Causal connection between 1 and 2.

“Cases are easy to indicate or unfound using these criteria,” Wagner said, “the decision is clear either way. But before we close any case, we offer families either preventive service or community-based services to help reduce risk.”

“Minimal degree of care is not the best or ideal care,” continued Wagner, in reference to the second component needed to indicate a case of neglect. “Neglect is the failure to provide minimal degree of care, which is the baseline of proper care for children.”

“When looking at minimal degree of care it is important to recognize the underlying conditions,  behaviors, needs, and strengths of a family, and how these factors may affect a parent’s ability to provide a higher level of care for their children,” she said.

Poverty, for example, does not in and of itself equal neglectful parenting. However, the symptoms of poverty can sometimes result in children being at risk. In these cases, the role of the caseworker is to work with the family to identify and address the underlying conditions and unmet needs.

For high-risk cases, preventive services are combined with oversight that requires supervision in the home on a weekly basis.

“Most of our mandated reporter referral sources are from schools,” Wagner said. She encourages mandated reporters to ask questions and continue being vigilant, understanding that CPS can’t disclose or give updates on a case.

“Our goal is always to assess the family’s needs and make connections to preventive and community-based services,” said Wagner, “to reduce risk to children and the need for future CPS involvement.”