Once CPS has completed their investigation, when can they take a family to court? How much evidence is required?

In part, this depends on the level of evidence legally required for CPS to substantiate a report of abuse or neglect.

To understand this, we must examine what substantiation means in the context of a CPS investigation and then review the various levels of evidence.

What is substantiation? 

Once an allegation of abuse or neglect is screened-in, CPS initiates an investigation, which generally involves a home visit and interviews with the parents and children.

CPS will then make a determination based on their findings.

When, in the judgment of the investigator, CPS determines that abuse or neglect has occurred, they will mark the case as “substantiated” (or “indicated” or “determined” in some states) and usually file it with the court to seek a judicial finding of abuse or neglect. This court determination is called an “adjudication.”

Thankfully, most Heritage Defense cases end without being substantiated and never reach the court because CPS determines they are unfounded.

But how does CPS decide whether to substantiate a case?

What are the levels of evidence? 

The three most common levels of evidence used in the law are beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence.

Most people have heard of the highest level of evidence in the law: beyond a reasonable doubt, which is the standard used during a trial for a crime.

The intermediate level of evidence is clear and convincing evidence.  It is generally used in civil trials in serious cases like custody and guardianship.

Of the three, preponderance of the evidence is the lowest standard, and it is typically used in civil trials. Preponderance of the evidence generally requires that an alleged fact be determined to be more likely true than not. It is essentially a 51% standard.

But, as explained above, substantiation does not occur at trial. Rather, it is an internal decision made by CPS. So while preponderance is the lowest level of evidence at trial, it is the highest level that states require for substantiation. Over half of all states require preponderance or its effective equivalent.

The rest of the states require a lower and often less definite standard ranging from “substantial” or “credible” evidence weighed under the totality of the circumstances all the way down to a “reasonable cause to suspect.”

Why does this matter? 

The level of evidence limits social workers’ discretion when determining whether to take a family to court. At least one study has unsurprisingly found a correlation indicating that higher levels of evidence result in fewer substantiations.¹ Thus, higher levels of evidence would protect more innocent families and children from going to court unnecessarily. Therefore, states receive higher grades for stricter levels of evidence, and lower grades based on how much discretion is left with CPS.

At Heritage Defense, we are here to defend your parental rights and help defend against unfounded allegations from being substantiated.