For one thing, as white, middle-class professionals with graduate degrees, they fell on the privileged side of the color line that disproportionately brings minority families into contact with CPS. Indeed, an analysis of data showed that Peoria County took children into foster care from African American families at rates nearly eight times as high as those of the non—African American population. The Weidners also had better luck than many other families—they received quick, definitive proof that they were innocent.
Ten days after the hotline call, on October 18, a neuroradiologist reported that he did not see a skull fracture. On the strength of that opinion, the next day, the police closed their case. The day after that, the Weidners were released from the safety plan. Michelle asked her caseworker whether the investigation was now over, but as she recalls, the caseworker told her that Petrak wanted the investigation to remain open. Petrak refused to comment for this story.
Even then, CPS refused to budge. Operating under guidelines stating that investigations should take no more than 60 days, the CPS caseworker requested an extension on the 55th day, claiming that more time was necessary to complete file notes.
She realized that she was not the sole parent to experience an erroneous abuse accusation, and she pressed for answers and accountability. We evaluate calls that come in to determine whether the caller has credible information regarding possible abuse or neglect of a child by a caregiver. If so, we assign an investigator. We take the investigations seriously, and base the conclusions on the weight of the evidence.
It is understandable that some parents feel our intervention was unfair and maybe even unjustified. Nothing I can say is likely to change their view, including consideration of other factors that may have been involved in the completion of the investigation.
But the parents clearly were listened to in the investigation and produced additional fact-finding. Our investigation came to the right conclusion exonerating the parents.
As I mentioned, Michelle reached out to me for information, eager to better understand the operation of the child-welfare system. By , when I first met Michelle, I had represented dozens of families who had faced similar problems, often the result of a system remarkably lacking in checks and balances. I had seen doctors work hand in glove with CPS to decide the merits of the hotline calls that their own hospitals had placed—a recipe for confirmation bias. They rarely used independent forensic specialists—a common practice in settings where controversies may arise over contested facts.
A select group of child-abuse pediatricians served as the liaisons between accused parents and the state authorities. Later, if cases were filed in court, state prosecutors relied heavily on these same pediatricians to provide medical-expert testimony against the accused parent.
Read: Judging the mom who let her boy run away at the zoo. Doctors have a duty to disclose third-party contracts and are expected to obtain informed consent from parents before accessing family medical records or divulging them to the state. Doctors are expected to collaborate with other specialists in reaching diagnoses. Over and over again, parents told me they felt blindsided. These services are available to children and their families when children are victims of, or at risk of, abuse, neglect, exploitation, or parental absence.
California law defines child abuse as any of the following:. Community members have an important role in protecting children from abuse and neglect. If abuse is suspected, a report should be filed with qualified and experienced agencies that will investigate the situation. The California State Child Abuse Reporting Law provides the legal basis for action to protect children and to allow intervention by public agencies if a child is being abused.
Whenever an report indicates the need for protection, Child Protective Services will: Accept the case Intervene in the crisis, if required Apply Family Preservation and Support Services for some families Assess or identify problems, gather facts and clarify the problems Plan and provide services, set goals, identify resources and timeframes Document the case Terminate the case or transfer it to another program Approximately 12 months of services are provided to children who remain safely in the home while the family receives services.
For Whom These services are available to children and their families when children are victims of, or at risk of, abuse, neglect, exploitation, or parental absence. Child safety is the first concern of Child Protective Services. They will work with both parents to safely care for their child. CPS can also go to court to remove a child from the parents' care if necessary to protect the child. This begins a court process called a dependency case.
At the court hearings, the CPS worker and both the mother and the father can provide information to the court. When a child is placed into state custody, the Division of Child Support will look at the finances of either the mother or father or both and decide what amount the parent s can pay towards the cost of the child's relative, foster or group home placement.
It is very important that you open all mail from Child Support right away, follow instructions and provide accurate information about your current financial situation and other obligations, so that a reasonable plan can be created.
Child Support issues can be stressful and there are parent support groups that can help you cope with this process. OFCO intervenes and tries to solve problems when a state agency's action or inaction is unauthorized or unreasonable. OFCOP also makes recommendations to the Governor, the Legislature and agency officials to improve the child welfare system.
Court forms and information about different legal actions paternity, child support, divorce, parenting plans, housing and immigration, etc. Search Search. Translate Site. Child Welfare System. Child Protective Services.
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