Do parents have a right to know the allegations?

When Child Protective Services (CPS) arrives at a parent’s door with allegations of abuse or neglect, it is natural for the parents and their attorneys to want to know the specific allegations being made. While it may seem obvious that parents should be informed of the accusations against them, CPS investigators are not always forthcoming with this information. This leads to the question: Do parents have a legal right to be informed of the allegations?

The answer is yes, but it may not be that straightforward in your state’s law.

According to federal law, specifically the Child Abuse Prevention and Treatment Act (CAPTA), CPS investigators are obligated to disclose the allegations at the initial point of contact with the individuals being investigated. CAPTA mandates that state child welfare departments must have “provisions and procedures to require that a representative of the child protective services agency shall, at the time of initial contact with the individual subject to a child abuse or neglect investigation, advise the individual of the complaints or allegations made against the individual.”¹ In this context, the “subject” refers to the person accused of committing the abuse or neglect, which, for Heritage Defense member families, would typically be the parent or parents.

It is important to note that under CAPTA “initial contact” is not limited to face-to-face meetings. The United States Department of Health and Human Services Administration for Children and Families (ACF) provides guidance to states on complying with CAPTA through its policy handbook. The handbook addresses the question of whether a department can have a policy or practice that requires allegations to be disclosed only during in-person meetings. ACF clearly states that implementing such a rule would put a state out of compliance with CAPTA. The handbook emphasizes that “the CAPTA provision requires that the State notify the individual of the complaints or allegations made against him or her at the initial time of contact regardless of how that contact is made.”²

To comply with federal law and maintain their funding, most states have enacted their own laws that align with CAPTA, requiring CPS investigators to disclose allegations early in the investigation process. Some states may even require written notice. In the absence of a specific state law, the state CPS handbooks often indicate that disclosing allegations is standard procedure.

Although every state receives CAPTA funding and so is bound to follow these guidelines, the law in the state may not be so clear. This can lead to confusion by CPS investigators who would prefer to keep families in the dark about the allegations. When we encounter this, we as attorneys sometimes have to point out the federal law to them or their supervisor.

Parents can take comfort in knowing that they should not have to defend themselves blindly against unknown accusations. They have the right to be informed of the specific allegations being made against them. Heritage Defense is committed to ensuring that CPS adheres to the law and does not violate parental rights throughout the investigation process.

¹ 42 USCS § 5106a(b)(2)(B)(xviii).

² U.S. Dep’t of Health and Human Svcs., Admin. for Children & Families, 2.1H CAPTA, Assurances and Requirements, Notification of Allegations, Child Welfare Policy Manual, https://www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp_pf.jsp?citID=353 (emphasis added).