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Family Services / Child Protective Services / CPS Investigations
CPS will respond to valid child abuse or neglect reports by conducting a family assessment or an investigation. The goals of both responses are to assess the child’s safety, support the family when possible, and prevent future child abuse or neglect.
An investigation happens when there are immediate child safety concerns or when the law requires a report to be investigated.
The following types of abuse or neglect must be investigated:
* Types of abuse or neglect marked with an asterisk, along with abduction, drug offenses involving a child, and acts contributing to the delinquency of a minor, require CPS to make a report to law enforcement and the Commonwealth’s Attorney. They will decide if criminal charges will be filed, not CPS. CPS often investigates with law enforcement; however, the CPS investigation is an administrative process and is separate from any criminal proceedings.
CPS is required to complete the investigation 45 to 60 days from the date of the report. If law enforcement is also investigating, the time frame may be extended to 90 days. In certain sexual abuse or child death cases, the time frame may be suspended until necessary reports are received.
During an investigation, the CPS worker will:
Once the investigation is complete, the CPS worker and their supervisor will evaluate all information collected during the investigation and will determine if the report is “founded” or “unfounded.” The person being investigated will be notified both verbally and in writing of the outcome.
In CPS, a disposition of “founded” means that the information gathered during the investigation shows that it is more likely than not that the abuse or neglect occurred.
Records of investigations with a disposition of founded are kept confidential by local departments of social services. Additionally, the names of the victims and the abusers are kept on file in the Child Abuse and Neglect Central Registry for up to 18 years, depending on the severity of the abuse or neglect. This information can only be released with the abuser’s authorization or by court order.
If the abuser does not agree with this outcome, they must submit a written request to the director of the local department of social services within 30 calendar days after they receive the written notice from CPS. The CPS worker will provide them with a written explanation of the appeals process.
In CPS, a disposition of “unfounded” means that the information gathered during the investigation did not support a founded disposition.
These investigations are kept on file for three years from the date of the complaint. They may be kept longer if additional reports are received. The person who was investigated may request the information be retained for two additional years. This information is considered confidential and can only be accessed by local departments of social services.
If the person who was investigated believes the report was made maliciously or in bad faith, they can petition the circuit court for access to the CPS record, which will include the name of the person who made the report.
Most of the time, a plan can be made that will ensure the child’s safety in their own home. If the child’s safety cannot be assured, then a decision will be made as to whether the child may need to be separated from the family. This may include:
To assess child safety, a CPS worker is allowed to speak with a child and their siblings without parental knowledge or consent. The parent or caretaker will be notified as soon as possible after the interview.
All CPS interviews conducted during an investigation with the child who is the alleged victim are required to be electronically recorded.
Exceptions to recording are made when the CPS worker determines that:
The CPS worker has the right to examine a child for injuries or signs of abuse or neglect without the parent or caretaker’s consent. The CPS worker may take photographs and decide to get a child X-rayed.
Photographs of the child’s living conditions may be taken with the consent of the parent or caretaker, or under the direction of the local Commonwealth Attorney’s Office.
If someone is being investigated by CPS they have the following rights:
In most investigations, there is cooperation between the family and the CPS worker. The interview process provides an opportunity for the family to express concerns about the child, identify family needs, ask questions, and obtain feedback from the CPS worker.
If the family chooses not to cooperate or allow entry into the home, the CPS worker must proceed with the investigation. If there is a reason to believe that any child is not safe, the CPS worker may contact law enforcement for assistance or petition the court to request cooperation.
Any person being investigated must notify CPS before they move and provide their new address.
Whether a case is founded or unfounded, a local department of social services may:
The family has a right to refuse services. If there are no threats to the child’s safety, the case will be closed. However, if the CPS worker believes the child’s safety is uncertain, they may ask for a court order to require additional services to ensure the safety of the child.
After the investigation is completed, they may make a written request to the local department of social services to get a copy of their personal case information. The request may be granted unless there is an ongoing criminal investigation or criminal proceeding, or the personal information in the report could endanger the well-being of the child or other persons. The amount of information provided will be determined by the local department of social services.
For additional information about the child protective services process, visit the Child Protective Services homepage.
Laws relating to CPS can be found in Title 63.2, Chapter 15: Child Abuse and Neglect of the Code of Virginia at law.lis.virginia.gov/vacode/title63.2/chapter15.
Regulations related to CPS can be found in the Virginia Administrative Code (VAC) Title 22, Agency 40, Chapter 705: law.lis.virginia.gov/admincode/title22/agency40/chapter705.
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