AN OVERVIEW OF THE CHILD PROTECTION SYSTEM IN MINNESOTA 

Minnesota Child Protective Services (commonly called CPS) is a county agency that reviews reports of maltreatment to minors. If the report leads CPS to believe that a child may be in danger, CPS investigators will investigate the report to determine if maltreatment actually occurred and whether the family needs services. In some cases, CPS may file a Child in Need of Protection or Services (CHIPS) Petition with the Court and request that the children be place in either non-relative or relative foster care.

If the initial report of maltreatment does not lead CPS to believe that a child may be in danger, the county may either close the CPS file or, in some circumstances, may offer a Family Assessment. If you agree to a Family Assessment, a CPS social worker will work with you to find services that may be available to correct any issues in your home.

What is Maltreatment?

Maltreatment is a broad term to describe situations in which a child has been abused or neglected. More specifically, abuse is physical or emotional harm to a child that is not merely an accident. Some common forms or evidence of maltreatment includes:

  • Broken bones and bruises

  • Burns

  • Hitting a child for reasons other than normal discipline

  • Sexual abuse

  • Emotional harm

Neglect is when a child is being deprived of their basic necessities, such as food, clothing, shelter, education, medical care, supervision, protection from harm, or other required care.

When a Report of Maltreatment is Made, what can CPS Workers do?

Family Assessment

After CPS receives a maltreatment report, they have a number of options. One such option is to conduct a Family Assessment, which is merely where a CPS social worker meets with you to talk about the maltreatment report. When families agree to a Family Assessment, CPS will not conduct a full investigation, and will not make a determination as to whether maltreatment did or did not occur. During a Family Assessment, CPS’s role is simply to assist the family in finding services for the parents and child so any problems can get better. If however, you decline to cooperate with a Family Assessment and CPS believes there is a risk of future harm to your child, CPS may determine that a full investigation in necessary.

Investigation

CPS workers typically decide to investigate maltreatment reports that show that a child is in danger because of abuse or neglect. During an investigation, the CPS investigator will likely call you, meet with you, visit your home, interview the children, and interview others (such as medical providers or school teachers). When CPS concludes their investigation, they determine two things—whether maltreatment occurred and whether the family needs services.

Maltreatment Determination

As stated above, after a CPS Investigator concludes the investigation, they must determine whether or not maltreatment occurred. This determination is made by a preponderance of the evidence gathered during the investigation (i.e. more likely than not. If the Investigator believe that the parent did maltreat the child, the worker officially makes a “maltreatment determination,” and will send the parent a letter stating as such. This letter is a very important document, as it informs you about your appeal rights and how to commence an appeal. It should be noted that you only have 15 days to appeal a maltreatment determination in writing.

It may be extremely important to appeal a maltreatment determination as maltreatment determinations may have negative collateral consequences. Maltreatment determinations show up on background checks and may prevent you from obtaining or keeping jobs that involve caregiving, such as being a childcare provider, teacher’s aide, bus driver, nurse, PCA, or foster parent. If you have received a letter in the mail from CPS stating that it found by a preponderance of the evidence that maltreatment did occur, contact Roach Law PLLC to schedule your free consultation.

CPS Services

If a child has been abused, is likely to be abused, or has been neglected, CPS may open a case file. This case file is maintained by the social services agency and does not mean that a court case has been initiated. Common services CPS offers includes referrals for chemical dependency treatment, therapy, and counseling. If you voluntarily agree to accept these offered services, a court case may not be initiated.

Removal of Children

CPS workers do not have the authority to remove a child out of the home unless the parents either agree to such removal or they obtain a court order. If a CPS worker believes a child is in immediate danger but the parents do not agree to their child being removed, they will contact law enforcement. Law enforcement officers do have the authority to remove children from their homes for placement in emergency shelters or foster care facilities. When children are removed from a home by law enforcement, a court hearing must be held within 72 hours, not counting weekends and holidays. At that Hearing a Judge will decide if the child should stay in foster care for the time being.

Minnesota CHIPS Proceedings

If CPS believes court intervention is necessary, they will ask the Juvenile Court for permission to place the children away from the home of a parent who is suspected of maltreatment. If the Judge grants that request, the child may be placed with a relative, in non-relative foster care or in a residential facility, which is rare.

In the vast majority of cases, CPS is required by law to make efforts to reunify the family. If a child is under the age of 8, CPS is required to make efforts for at least 6 months to reunify the family and, if the parent is cooperating and working the case plan, the court often will extend this time. If the child is over the age of 8, the law provides parents with more time to correct the conditions that led to their child’s removal. Once it seems like a child can safely return home, then the child may be reunified with their parent from whom they were removed. If, however, it seems like the child is unable to return to the home, CPS may recommend a permanent placement of the child away from the parent. There are many options for permanent placement (permanency), the most common being termination of parental rights and transfer of custody to a fit and willing relative.

It is important to note that, if a parent has a previous involuntary termination of parental rights or transfer of custody, CPS is not required to make efforts to reunify the family regarding a new child in a new case.

What Should I do if I am Contacted by a CPS Investigator?

If you are contacted by a CPS worker, it is important to make a note of the individual worker that contacted you (as well as their telephone number). You can call this person if you have questions or need information about your case. While it may be frustrating to learn that CPS is investigating you (especially if the allegations made against you are truly false), it is still important to be cooperative. However, it is equally as important to be mindful that any comments you make to a CPS worker may be used against you in court.

CPS cannot legally force you to talk to them. However, if you decline to talk at all to CPS, they oftentimes become suspicious, seek the removal of your children from your home, and open a court case against you. If CPS requests to interview you, it is extremely important to hire a lawyer and have that lawyer come to the interview. Parent defense attorney John E. Roach is skilled at counseling parents and families during CPS investigations and may be able to assist you in avoiding a CHIPS case being opened against you.

What is the Difference between a CHIPS Case and Permanency Case?

CPS will likely file a CHIPS Petition if they believe your child is not safe in your care or you have not cooperated by accepting services. As stated above, the county is required in most cases to make efforts to return your child to you. You have a chance to work with the county to make a case plan, which typically must be completed within 6 to 12 months. If your child remains in foster care and you do not follow the case plan, the County will file a permanency case against you.

Termination of parental rights is the preferred permanency option for children who cannot be returned to the care of their parents, as this would free a child up to be adopted. A transfer of custody is also an option.

At Roach Law PLLC, our goal is always first and foremost to prevent CHIPS cases from opening in the first place. This is often done through zealous advocacy during a CHIPS Investigation. In cases where we are retained after a CHIPS Petition has been filed, our strategy often changes to showing the County attorney all the weaknesses they have in their case. John has been successful in obtaining dismissals of CHIPS Petitions even before the case proceeds to Trial.

During a CHIPS case, John will assist you each step of the way, and will guide you through the process to ensure that your children are returned home sooner rather than later. And, if the County files a termination of parental rights petition or other permanency petition against you, rest assured that all hope is not lost. The Supreme Court has ruled that the County’s burden in these cases is “onerous,” and the County is required to prove their case by clear and convincing evidence. Even so, it is extremely important to hire a private parent defense attorney in these cases who will ensure that your constitutional rights are protect

If you are contacted by CPS—or are involved in a CHIPS or permanency proceeding—contact the experienced parent defense attorney at Roach Law PLLC to schedule your initial case evaluation.