Demystifying CPS Investigations in Washington State: Your Questions Answered

When CPS begins an investigation, questions often arise about the intersection between CPS authority  and a parent’s rights. Let's shed some light on the process.

Does CPS have the authority to interview my child without my approval? Can I demand to be there at the same time? 

In Washington State, CPS has the authority to interview children without explicit parental permission or prior notification during an investigation. These interviews can occur at a child's school, daycare, or even at home.

Caseworkers are explicitly required to interview the child outside the presence of a parent, guardian, caregiver, or alleged perpetrator to ensure the child speaks freely without influence. This is a standard protocol, not an implication of guilt, and parents will be denied permission to be present. 

I'm 100% innocent of any wrongdoing; should I go ahead and do the in-home CPS interview without an attorney? Why would I hire an attorney for that? Would having an attorney present make me look guilty? 

The decision to proceed with an in-home CPS interview without an attorney, even if you are certain of your innocence, is one that may result in an outcome that leads to a founded finding of abuse or neglect.

Hiring an attorney is a decision that demonstrates that you take the allegations seriously and understand your legal rights. CPS caseworkers have significant discretion, and an attorney can advise you on the best approach, considering the specific facts of your case. It's crucial to understand that CPS often collaborates closely with law enforcement, and a CPS investigation can escalate, or run in parallel to a criminal  investigation. Without legal guidance, innocent statements made during the interview or subsequent actions after could be misinterpreted or used against you. Your legal team acts as a vital advocate, ensuring your perspective is heard and your interests are protected.

How long does the investigation take?

 

In Washington State, CPS generally must complete its investigation within 90 days of receiving a report. However, if law enforcement is concurrently investigating criminal charges, the investigation can take longer. CPS typically makes initial contact with the family within 72 hours of the complaint, and once concluded, you'll be notified by certified mail.

We have been contacted by law enforcement. Should we get a criminal attorney? 

Absolutely. If law enforcement contacts you in connection with a CPS investigation, you should immediately seek counsel from a criminal defense attorney. This is paramount because any statements made to law enforcement, or even to CPS, could be used as evidence in a criminal prosecution. You have a constitutional right to remain silent and to have an attorney present during questioning. Often, a parent requires two distinct legal advocates: one for the civil dependency case and another for the criminal investigation, to ensure all rights are protected. If we represent you in your dependency matter and a criminal defense attorney is needed, we will help you find the right criminal defense attorney for you and your situation.

I received a founded finding. What do I do? What happens when I challenge a founded finding? If I am successful at overturning the founded finding, will it show on my record? 

A "founded finding" means CPS has substantiated an allegation of child abuse or neglect against you, which has serious long-term consequences. Immediate action is imperative, as you have a short window to challenge it. You must send a written request to CPS for review within 30 days of receiving the founded finding letter. Failing to do so makes it extremely difficult to remove the finding from your record.

Challenging a founded finding involves a multi-tiered appeal process: a CPS supervisor review (within 30 days), an appeal to the Office of Administrative Hearings (OAH) if affirmed (within another 30 days), an Administrative Law Judge (ALJ) hearing, and potentially an appeal to the Superior Court. This process has strict deadlines and requires highly specific legal procedures.

A founded finding appears on certain background checks even while you are appealing it, which can prohibit employment from certain types of jobs or volunteer work involving children or vulnerable adults. If a founded finding is successfully overturned, DCYF is required to notify the Background Check Central Unit, and the finding should no longer appear as "founded". This administrative burden can create a lasting stigma, emphasizing the need for skilled legal counsel to navigate the complex administrative appeals process.

We’re Here to Help with CPS Investigations in Washington State

Navigating CPS investigations in Washington State is undoubtedly challenging, but you don't have to face it alone. Understanding your rights and the process is the first step toward regaining control. Our team is dedicated to providing strategic defense against CPS actions and protecting parental rights. We also offer referrals to trusted resources for criminal defense attorneys.

Call us at 206-703-0764 or reach out online to schedule a consultation.