Child Protective Services (CPS) exists to ensure that all children have a permanent home in which they are safe and can be appropriately nurtured. Their job is to check on children whose situations may be unsafe and remove them from homes in which they are being neglected or abused. CPS works to protect children from all types of abuse or neglect, including mental, physical, emotional, and sexual abuse. They also help protect children who do not have a parent or guardian who can care for them, as well as those who have a parent or guardian that is unable to provide appropriate care.
Contacting CPS is a difficult decision and one that should not be taken lightly. Doing so sets off a chain of events that can take months to run its course. That said, if you ever believe that a child is in danger or is being abused, you have a duty under North Carolina law to report the abuse to CPS. This article will discuss when and why you should contact CPS as well as how to do so.
Before you file a report, it is important to understand the difference between abuse and neglect, as defined by NC family law. Abuse refers to the intentional mistreatment of a child (in any way, shape, or form) whereas neglect refers to a failure to properly care for a child. Regardless of whether it is abuse, neglect, or both, this is an experience no child should have to go through. Children often cannot advocate for themselves which is why, as an adult, it is your responsibility to do so for them.
The following are signs that a child is actively being abused or neglected. If you notice any of these signs, and especially if you notice several at the same time, North Carolina child protection laws require that you contact CPS to file a report.
As mentioned above, North Carolina has a mandatory child abuse reporting law that requires anyone who suspects child abuse or neglect to report it to the appropriate authorities. You may report the abuse or neglect anonymously, though you must consider that it may be in the child’s best interest for CPS to be able to contact you.
If you suspect child abuse or neglect is occurring, take the following steps to report it:
After you file a report with CPS, assuming you choose not to remain anonymous, they will likely come to interview you. They will also visit the child, their parents, their teachers, and any other individuals who may have information regarding the situation. The more honest information you can provide, the more likely it is the child will be able to be adequately protected. After a report is received, CPS may do any of the following:
A child is rarely removed from the home. In most cases, CPS will do whatever they can to avoid disrupting a family unit, including creating a service plan, offering counseling services, and conducting regular home visits. However, if the child is determined to be in immediate danger, CPS may remove the child and place them in protective custody.
Once a child is in the custody of CPS, they are typically placed into the care of a relative or foster family. For parents or guardians to regain custody, they must follow the reunification plan that will be laid out by the court. These plans may include things like rehab, drug testing, or anger management classes. During this time, the parents or guardians will likely be granted periodic, supervised visitations with the child. After a predetermined period, the case will typically be revisited to determine whether the parents/guardians have complied with the court-mandated plan and whether the child can safely return to the home.
If you are concerned for the safety of a child or have questions about a potential Child Protective Services report, contact our family law attorneys at Mulligan Attorneys, to discuss the grounds for a Child Protective Services report by calling 910-763-1100.
You can also contact North Carolina Child Protective Services, the North Carolina Department of Health and Huma Services, or call the ChildHelp National Child Abuse Hotline by calling 1-800-422-4453.
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Mulligan Attorneys, PLLC