The CPS Role

Child Protective Services is the name of a government agency in many states of the United States responsible for providing child protection, which includes responding to reports of child abuse or neglect. Some states use other names, often attempting to reflect more family-centered practices, such as Department of Children & Family Services. CPS is also known by the name of Department of Social Services (DSS) or simply Social Services.

The CPS Role

In most cases CPS is charged with the protection of children and also has the objective of keeping the family unit together, if possible, while obtaining treatment and services for the family to ensure the child’s well-being. Treatment rather than punishment is the objective. Family court rather than criminal court is the venue and, therefore, the standards of evidence are different. In family court, preponderance of evidence is the guide. Preponderance of evidence means the greater weight of all the evidence. Therefore, it carries a lower burden of proof. Typically, a judge makes the legal determination in these cases, based on information gathered by both CPS and law enforcement when involved.

It should be noted that roles of both agencies intertwine when engaged in the criminal justice process. This makes collaboration not just useful but a necessity in all aspects of the system.

CPS is committed to finding safety for a child within the home. In situations where the home is identified as unsafe for children, CPS’s strong preference is to remove the abuser. CPS removes children from the home only as last resort after all other options have been considered or explored.

Psychosocial management that requires a significant amount of coordination among various service providers, including the physician and other health-care providers, complements the medical management.

The child welfare agency, frequently referred to as child protective services, in each community should be responsible for performing investigations of suspicion of child maltreatment. CPS will assess the caregivers' background, caregiving abilities and potential, environmental safety, risk for repeat abuse, and risk to other siblings. A variety of treatment options are available, ranging from periodic contact with the child and family to removal of the child from the home, either temporarily or permanently, with termination of parental rights.

Because child sexual abuse is a crime in all 50 states, police and law enforcement may also become involved in the investigation of child sexual abuse. The focus of law enforcement is on the person who has offended and on any criminal proceedings that are involved. The focus of CPS is on the family and on the protection of the child.