Child Protective Services (CPS) in Maryland is tasked with investigating allegations of child abuse or neglect and ensuring that children are safe and protected. If you’re involved in a CPS investigation or facing allegations of child abuse or neglect, it is important to understand Maryland CPS laws and how they may affect you and your family. Knowing your rights, the legal processes involved, and the potential consequences of CPS involvement can help you navigate this challenging situation.

In this article, we’ll provide an overview of Maryland CPS laws, explain how CPS investigations work, and outline the rights of parents and children involved in these cases.

What is CPS in Maryland?

Child Protective Services (CPS) is part of the Maryland Department of Human Services (DHS), and its role is to investigate allegations of child abuse, neglect, and abandonment. CPS also provides services to families to help ensure the safety and well-being of children.

CPS can become involved in a family’s life when there are concerns about a child’s safety. Reports may come from a variety of sources, such as teachers, healthcare professionals, or even neighbors or family members. CPS is responsible for investigating these allegations and taking appropriate actions to protect the child if necessary.

Grounds for CPS Involvement in Maryland

CPS investigates cases where there is a reasonable suspicion of child abuse or neglect. Under Maryland law, child abuse and neglect include a wide range of behaviors, including:

1. Child Abuse

Abuse refers to physical, emotional, or sexual harm inflicted on a child by a parent, caregiver, or other adult. This can include:

• Physical Abuse: Infliction of physical injury such as hitting, shaking, or burning a child.
• Sexual Abuse: Any form of sexual activity with a child, including molestation or exploitation.
• Emotional or Psychological Abuse: Behaviors that harm the emotional well-being of a child, such as verbal abuse, threats, or neglecting emotional needs.

2. Child Neglect

Neglect refers to a parent or caregiver’s failure to meet a child’s basic needs, including food, shelter, medical care, and emotional support. Types of neglect include:

• Physical Neglect: Failure to provide adequate food, shelter, clothing, or supervision.
• Medical Neglect: Failure to provide necessary medical or dental care.
• Emotional Neglect: Failing to provide the emotional care or support that a child needs for healthy development.

3. Abandonment

Abandonment occurs when a child is left without adequate care or supervision and the parent or caregiver is unwilling or unable to provide for the child’s needs.

The CPS Investigation Process in Maryland

When CPS receives a report of suspected abuse or neglect, it is required by law to investigate the allegations. The investigation process generally follows several steps:

1. Initial Report and Assessment

CPS may receive reports from mandated reporters (e.g., teachers, doctors) or anonymous sources. Once a report is made, CPS is required to assess whether there is sufficient reason to investigate. If the allegation is serious, CPS will begin an immediate investigation.

2. Investigation

CPS caseworkers will conduct interviews with the child, the parents, and any other relevant individuals (such as teachers, neighbors, or doctors). They will gather evidence and assess the child’s living conditions to determine if the child is at risk of harm.

During this investigation, CPS can visit the family home, interview the child and other family members, and request medical or school records. CPS may also take photographs of injuries or unsafe living conditions as part of the evidence-gathering process.

3. Determination of Risk

At the end of the investigation, CPS will determine whether there is a risk to the child. The findings can lead to different outcomes:

• Unfounded: If CPS determines that there is no credible evidence of abuse or neglect, the case is closed with no action taken.
• Indicated: If there is sufficient evidence to suggest that abuse or neglect occurred, CPS may indicate the case, meaning that it is substantiated. This could lead to further actions such as required family services or in extreme cases, the removal of the child from the home.
• Unsubstantiated: If CPS finds insufficient evidence to prove the allegations but also cannot completely rule them out, the case is considered unsubstantiated. However, this still results in a record of the investigation, which could be used in future legal matters.

4. Intervention and Services

If abuse or neglect is substantiated, CPS may work with the family to create a plan that includes services aimed at protecting the child and addressing the family’s needs. Services could include counseling, parenting classes, or substance abuse treatment. In more severe cases, CPS may file a petition to remove the child from the home and place them in foster care temporarily.

Potential Consequences of CPS Involvement in Maryland

CPS involvement can have significant consequences for families, particularly if the allegations are substantiated. Some possible outcomes include:

1. Child Removal

If CPS determines that a child is in immediate danger, they can take the child into protective custody. This means that the child will be removed from the home and placed in foster care or with a relative until it is safe for them to return. Removal from the home can be a traumatic experience for both the child and the parents.

2. Court Involvement

If CPS believes that the child’s safety is at risk, they may file a petition with the court to initiate a child abuse or neglect case. The court will hold hearings to determine whether the child should remain in the home or be placed in foster care. Parents may be required to comply with court-ordered services, such as counseling or rehabilitation programs.

3. Criminal Charges

In cases of severe abuse, criminal charges may be filed against the parents or caregivers. Convictions for child abuse or neglect can lead to imprisonment, fines, and other serious penalties.

4. Removal from CPS Registry

A finding of abuse or neglect could place parents or caregivers on Maryland’s CPS registry, a database of individuals who have been substantiated for child abuse or neglect. Being on the registry can affect future employment, especially in jobs involving children or vulnerable populations.

Rights of Parents and Children in CPS Investigations

Parents and children have certain rights during a CPS investigation:

• Parents have the right to be informed about the investigation and to provide information and evidence to defend themselves.
• Parents can request a lawyer to represent them during a CPS investigation or court hearings.
• Children have the right to an advocate, such as a guardian ad litem, who represents their interests during court proceedings.
• Parents can contest CPS findings by requesting an administrative review or appealing a CPS decision.

Conclusion

Maryland CPS laws are designed to protect children from abuse and neglect, but they can have serious consequences for families facing allegations. If you’re involved in a CPS investigation or facing allegations of abuse or neglect, it’s essential to understand your rights and the legal process involved. The stakes are high, and having an experienced Maryland child protective services attorney on your side can help ensure that your rights are protected, that you understand the steps involved in the investigation, and that you receive a fair outcome.

If you’re facing CPS involvement, don’t hesitate to seek legal advice from an attorney who specializes in child welfare law. Acting early can make a significant difference in the outcome of your case.