Trial vs. "CASE PLAN" CPS cases...

What do the numbers really say?

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Trial vs. "CASE PLAN" CPS cases...

Postby Mistchf » Fri Sep 08, 2006 4:43 pm

How would one go about getting information from the juvenile courts as to how many juvenile court cases filed by CPS actually go to trial? I had a local newspaper supposedly investigating this, however he's dropped off the face of the earth (purposely I'm figuring). My guess is that the majority of CPS cases are concluded by forcing the parents to sign the "case plan", thus negating their rights in trial. Is this public information and where would it be?

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Postby Marina » Fri Sep 08, 2006 8:10 pm

In Virginia, we have the Differential Response System. They have an annual Evaluation of the differential response sysem, which I can only find from a search on the Social Services website. This report gives a fair amount of statistics. I don't think it gives what you are looking for, though, as far as actual judicial proceedings. It would give statistics on case plans, probably.

If your state has an alternative response track, then you would have to interpret any kind of statistics in this context. Even if you do a freedom of information request, you would have to clarify what you were asking for.

Do a search on your state's child welfare website and see what you can find. I doubt if you will find anything, only abuse, foster care and adoption statistics.

I just noted in Virginia that there are no statistics on whether the abuser was a foster parent or adoptive parent, or whether the abuse occurred in a foster home or adoptive homes.

You may have to do the Freedom of Information request for Family Court rather than for the Child Welfare Agency.

I suppose you could infer that if a family has a foster care service plan, then you could conclude that there was a settlement agreement.

The catch in the alternative systems is that the assessment track is supposed to be non-judgemental and non-confrontational, with services offered. But, usually after 3 assessments, there is an automatic assumption of guilt of a pattern of neglect, without any evidence needed. A pattern of false accusations or contacts with CPS is automatically equated with guilt, before you even get to court.

This website shows the various names for alternative response systems.

page 1

many States have developed practices and policies to differentiate how particular
types of cases are handled (U.S. Government Accounting Office, 1997). Referred
to as alternative response, differential response, dual track, or family assessment,
these efforts at system reform promote new practices that affect how agencies
respond to certain reports of maltreatment. Generally, investigation responses
involve a more forensic approach and include processes for determining if child
maltreatment occurred or if a child is at risk of child maltreatment. Alternative
responses are characterized by an emphasis on an assessment of the needs of
families and children with little emphasis on determining if a specific incident
or condition of maltreatment occurred (U.S. Department of Health and Human
Services, 2003a).

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Unsubstantiated reports

2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement
02/03/2005 - 04/17/2006 ... p?citID=67

How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.


The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, they also allow CPS agencies to retain information on unsubstantiated reports in their casework files.
2. Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State''s ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.

- - - - - - - -

These 2 items seem to be the favorite for CPS workers, because they are easy to get.

Determining Child Neglect

Does the home have obvious hazardous unsanitary conditions? For example, homes with feces- or trash-covered flooring or furniture.

- - - - - - -

“Decision Point One: Substantiating Maltreatment

The substantiation decision depends on the answers to two questions: "Is the harm to the child severe enough to constitute child maltreatment?" and "Is there sufficient evidence to support this being a case of child maltreatment?"
Even in those cases lacking evidence, CPS caseworkers should still document information since unsubstantiated reports may eventually show a pattern that can be substantiated. Due to varying State regulations regarding the expungement of records, this may not be possible for all agencies.
Upon completion of the initial assessment, the caseworker must determine the disposition of the report based on State laws, agency guidelines, and the information gathered.

Have the parents or caregivers abandoned the child without arranging for reasonable care and supervision? For example, have caregivers left children without information regarding their whereabouts?

While State statutes vary, most CPS professionals agree that children under the age of 8 who are left alone are being neglected.

Chapter Six: Initial Assessment or Investigation
Child Protective Services: A Guide for Caseworkers. 2003.
User Manual Series
Author(s): Office on Child Abuse and Neglect (DHHS)
DePanfilis, Salus
Year Published: 2003 ... s/cpsf.cfm

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Postby Frustrated » Sat Sep 09, 2006 9:18 am

This is very interesting dilemma and I have to agree 100% with this.

Most Parents had to sign Case Plans, Service Plans, or Safety Plans and most didn't go to Court.

I should know, I signed two Plans under pressure, and I never went to Court. :shock:

And I do believe in a majority of Families had signed under agreement/stipulation on Plans and they did not go to Court.

Parents did indeed go to Courts if they got their Kids removed, there is a requirement of 72 hours hearing. And some Parents that did not sign the Plans, and refused to sign, CPS got a Court Order against the Families too.

But the Percentage that I have heard many Families having to sign the Plans and didn't go to Court. Guess what they call it? Prevention to remove your Children. A fitting word for them.

Here I am with 6 cases for the last 6 years, and I signed two plans, and I never went to Court. I know there will be a seventh case coming up soon. It is just a matter of time.

Each Plan that the Family sign onto, releases fundings automatically straight back to CPS/DCF.

No money to be made if a Family went to Court because CPS has to pay for Court fees for filing motions. :roll:

That's why the CPS avoids Courts and force the Parents to sign Case Plans.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

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Re: Trial vs. "CASE PLAN" CPS cases...

Postby sublmnl » Mon Sep 08, 2014 2:25 pm

I have signed a voluntary relative plan, then took my children and ran. I was almost out of the states when I was coerced back. Now we have a "show Cause hearing on Thursday, and I was prtessured to sign a parent plan . I decided today that I will not play this carrot oin a stick game, and so I revoked all of my plans. Do I take them to court myself and file them? What do I say in court. The allegations are all false, and my scum bag lawyer keeps telling me to get rid of my husband because he "wines to much and gets in the way" however, he wants them to go to HIS grandma!!!! He works for me, and I am married to my husband, and they are not going to throw him under the bus. We have never been to court, and the affidavit looks like a 10 year old wrote it. I have taped evidence of my mother in law recanting some of her statements that she told the CPS initially out of spite. I believe that my lawyer is working with CPS and not for me. Can I file my revoked service plans before Thursday? We have only received visitation twice in 6 weeks. I want to know what to say at the show cause.

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Re: Trial vs. "CASE PLAN" CPS cases...

Postby sublmnl » Mon Sep 08, 2014 2:29 pm

Also, since we haven't been to court, are these service plans even court ordered. I'm in Texas BTW. I have clean criminal, drug etc. I need my babies back!!! My youngest whoi is 4 is stool holding and she cried in pain during our entire visitation. Our Caseworker is supposed to be an LMSW, but don't they have a code of ethics to abide by??? I feel trapped. I want to beat them at their own game. I need the knowledge and the skills to do this. Do I have to attend my show cause with a lawyer, and would requesting a jury trial do any good??

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Re: Trial vs. "CASE PLAN" CPS cases...

Postby sublmnl » Mon Sep 08, 2014 2:31 pm

BTW, the "Voluntary Plan" included a video taken by me, with sound,. we were threatened and coerced by an armed guard who sat outside the door. All on video

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Re: Trial vs. "CASE PLAN" CPS cases...

Postby whosechildrenarethey » Tue Sep 09, 2014 2:53 pm

This link will take you to the Texas Policy and Procedures Handbook for CPS:

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