Inside CPS and the Foster Care System

Part 3:  An Unfounded Case Doesn’t Mean There Is No Risk

The two previous articles in this series covered the many perspectives gathered and the legal definitions of abuse and neglect that are considered when investigating a case of alleged child maltreatment.

Sometimes we encounter a situation involving a child that is so far removed from our own parenting experience that we may think removal from the home is in their best interest.  However, in the majority of cases that CPS investigates, most children are deemed safe to remain in their own homes.

In part three of this special four-part series, we delve further into the steps CPS takes to keep families together safely after a case has been unfounded, but where risk issues still exist for that child.

“When a call is made to the SCR, it’s often coming from a place of good intention,” said Jessica Kilpatrick, Casework Supervisor for Child Protective Services, Monroe County Department of Human Services. “But we need to understand that most parents are trying the best they can.”

When CPS receives a report from the SCR, a caseworker from an investigation team is assigned and begins the process of gathering information. An initial review is conducted to see if the family has any history with CPS, so the team has a clear understanding of past concerns or struggles within the family (including court intervention), past family strengths and resources, and past services received.

“We try to know as much as we can before going out on a case,” said Kilpatrick. This involves contacting the source of the report to clarify and confirm what has been detailed in the narrative.  The child in question is located and interviewed and a home visit is conducted—all within 24 hours of the report being filed—to assess the safety of the child.

“By the time our caseworkers leave the home, we have concluded whether or not there are any immediate safety concerns,” she said. “There may be risk factors present, but we are looking for immediate and pending safety concerns.”

Over the next seven days, a thorough safety assessment is conducted. The family is asked to sign releases of information so caseworkers can contact the child’s school, daycare, pediatrician, therapist, etc., to gather information about their involvement with the family and insight into how the family is functioning, including any concerns for the safety or risk of children in the home.

“We look for things like drug use, alcohol use, domestic violence, child vulnerability, and signs of mental, physical or sexual abuse,” she explained. “There are very few instances we encounter where children are unsafe to be at home—and home is the best place for them.”
 

“A lot of what we see is risk—not neglect or abuse,” said Kilpatrick. She explained that they see a lot of teens and parents not getting along, but much of it is developmental.

“Everyone copes differently with stress,” she continued, “but being in poverty makes everything that much more stressful.”

When the evidence gathered in a case does not meet the fair preponderance to indicate, and the child has not been harmed or is not in imminent danger of harm, and the parents are meeting the minimum degree of care for that child—the case is deemed unfounded.  If risk factors are present, caseworkers will work with the parents to take future precautions to ensure the safety of their children.

“More than 75 % of cases CPS investigates are unfounded,” Kilpatrick said. “In those instances, we work with the family to address underlying issues (for ex., mental health affecting behavior), and provide them with a list of resources or make preventive referrals to connect them to community services.”

Less than 25% of cases that are indicated—in which neglect occurred and a child was harmed or is in imminent danger of harm—around 3%of those warrant court intervention.

“In many indicated cases, we find that the parent made a mistake—they may have lost their temper, the situation is a one-off, not ongoing, and the parent is remorseful and agreeable to setting boundaries and working on healthy forms of child discipline,” she said.

In serious cases where there are immediate safety concerns (for ex., domestic abuse in the presence of young children or a parent is under the influence of drugs or alcohol), CPS would work with the family to create a safety plan, which could include identifying a grandparent, other family member, or family friend who could care for the child temporarily.

“Our goal is to keep children safe in their own families, homes, and communities,” said Kilpatrick. “A large part of that is achieved through helping families access supports and resources, to prevent the need for future CPS intervention.”

Once a case is closed, it’s off of the CPS workload in the system.

“There have been times where the family will call the caseworker or supervisor back with questions,” said Kilpatrick. “Even though the case is closed, we’re still social workers, still helpers, so our work continues by helping them apply for food stamps or SNAP benefits, giving them a list of food pantries, or connecting them to other services in the area.”

She referenced generational trauma—biology, learned behavior and collective experiences passed down from one generation to the next—as a reason why they often see children of parents who were in the system themselves.

“Some parents did not learn how to parent, it’s very difficult for them,” she said, “so we try to meet them where they are at. It often comes down to meeting basic needs.”

She encourages everyone working with children to show compassion and try to understand that most families are trying to do the best they can with what they have at their disposal.

“We carry around our past experiences from childhood, relationships, work, etc. These experiences shape our worldview and create implicit bias.,” said Kilpatrick. “When working to help families, we must be willing to check our biases and actively listen to find out the underlying conditions.”

Housing instability is a big problem in our community, as are other basic needs like food and shelter, so asking additional questions prior to contacting CPS may allow families to receive referrals for resources, rather than opening an investigation.