Inside CPS and the Foster

Care System

Part 1:  Many Perspectives

 

As mandated reporters, we care for children and want what is best for them and their safety.  Sometimes that means filing a report with the Statewide Central Register (SCR) for Child Protective Services (CPS) to intervene in a potentially harmful situation for a child.

 

But do you know what happens after a report is made?  Understanding the roles and responsibilities—and legal limitations—of CPS caseworkers and supervisors can shed light on the outcomes of investigations.  

 

We take you inside the workings of CPS and the foster care system in this special four-part series.

“When a call is made to the SCR, there is a CPS report registered with specific allegations,” said Kathy Cardilli, Director of Child Protective Services with the Monroe County Department of Human Services.

 

“Our team investigates these allegations, whether they’re about parental drug use, domestic violence, excessive discipline, unsafe sleeping arrangements, lack of food, no supervision, etc.,” she said. “A thorough global assessment is an integral part of every investigation.”

 

CPS has the benefit of talking to many individuals during an investigation, both in and out of the home and family unit, including those listed in the report and beyond, such as service providers and relatives. These conversations amount to many perspectives, which often reveal the bigger picture.

 

There is often a misconception by mandated reporters and other callers to the SCR that CPS can automatically compel or mandate a family toward certain goals, changes, or services once a report is initiated. In actuality, many elements need to be in place for an investigation to then lead to an action in Family Court.

 

“The investigation must yield a fair preponderance of evidence that neglect or abuse has occurred,” explained Cardilli, “and show reasonable cause to believe the child is in imminent danger in order to seek Family Court action and/or remove that child from the home.”

 

“We can request that a family make safety plans,” she continued, “but the only way to mandate a parent or guardian to seek help or support services is to file a petition in court and get a court order.”

 

There are some instances where CPS immediately deems a child is in danger of imminent harm and safety planning with the family is not possible. In these situations, there is a procedure that allows for immediate temporary removal of a child from the home for their safety, followed by a petition in Family Court.

CPS caseworkers and supervisors understand that mandated reporters may feel discouraged if they don’t receive feedback or the desired outcome from CPS about their reported case. However, caseworkers and supervisors can’t share much investigative information at all.

 

“A provider may only be getting one parent’s account or one perspective,” said Cardilli. “Our global assessment uncovers many perspectives or viewpoints that the source may not be privy to, but which inform the outcome of a case.”

 

In the case of educational neglect, for example, CPS will interview school personnel, check the child’s attendance record and grades, and have conversations with other collateral contacts to see what has been done to get the child back in the classroom.

 

Caseworkers have seven days from the time the report is filed to conduct interviews for the global assessment to complete a safety assessment. CPS has 60 days to complete an investigation and make a determination on whether the allegations are either indicated or unfounded. If children are assessed as safe, and CPS has connected or attempted to connect a family to services or supports, the investigation would then be closed.

 

“The majority of cases are deemed unfounded,” said Cardilli, “which means they don’t meet the legal criteria for abuse or neglect.” While this doesn’t mean there aren’t concerns or risk issues, it does preclude CPS from legally being able to continue involvement with the family at that time.

In 2022, New York State changed the law regarding the level of evidence required to indicate—or show a fair preponderance of evidence that a child has been abused or neglected—a claim against a family.

 

“The law was changed to remove bias,” Cardilli said, “meaning that poverty should not be a reason why a family enters the child welfare system. There is a big difference between not having the means to care for your child vs. having the means to care for your child and not doing it or using those means for something else.”

 

She explained that during a global assessment, CPS often encounters families who have concrete needs—clothing, food, shelter—that are not being met.

 

“The basics, such as transportation, bus passes, or even living near a bus line—things that may be easy for the rest of us—are lacking in these families,” she said.

 

The many perspectives that CPS caseworkers and supervisors uncover in their investigations may reveal insecurities or vulnerabilities that are not obvious on a surface level.

 

“Many families that require services to address concerns of safety or risk will engage with CPS so that their children do not enter foster care,” Cardilli said. “We can’t make them accept services or go to treatment without a court order behind us, but an investigation often results in linking a family to services that will help them be better able to provide and care for their family.”

 

Before making a call to the SCR, consider what that family needs. Is a parent being neglectful or does that parent need assistance? Sometimes the child welfare system is not the answer.

 

If you suspect a child is being sexually or physically abused, making a report to the SCR is the right call. Otherwise, ask a few clarifying questions to see what would be helpful to that family. Linking a family to community resources to assist with basic food, clothing, or transportation needs is oftentimes what the family might need most.