CPS Opened a Case in Kentucky but Didn’t File. Now What?
If the Kentucky Cabinet for Health and Family Services (CHFS) opened a Child Protective Services (CPS) case involving your family but never filed anything in court, you may be wondering what that means. Does the case still exist? Can CPS come back? Will the investigation affect your custody case?
The answer depends on what happened during the investigation and how the Cabinet ultimately handled the case. An investigation by CPS does not automatically mean that a court case has been filed against you.
What Happens When CPS Investigates?
When the Cabinet receives an accepted report alleging that a child may be dependent, neglected, or abused, it may investigate or conduct an assessment of the family’s circumstances. Kentucky law requires the Cabinet to take appropriate action to protect children while also working, when possible, to preserve and strengthen family life.
During an investigation, a social worker may interview the child, parents, and other people who have relevant information. Depending on the circumstances, the Cabinet may also request records or coordinate with law enforcement or other agencies.
The investigation itself is not the same as a dependency, neglect, or abuse action in court. Under Kentucky law, a DNA action may be commenced by filing a petition in District Court. If no petition was filed, there may be no pending court case arising from the CPS investigation.
Why Didn’t CPS File a Court Case?
Not every CPS investigation results in a court proceeding. After completing an investigation or assessment, the Cabinet can make different findings depending on the information and evidence it collected.
Kentucky regulations provide for findings including substantiated abuse or neglect, unsubstantiated abuse or neglect, services needed, no finding, and closure in certain circumstances. The Cabinet’s determination is based on the information and evidence gathered during the investigation.
In other words, the fact that CPS investigated your family does not, by itself, establish that abuse or neglect occurred. It also does not necessarily mean that the Cabinet believes court intervention is appropriate.
Can CPS Reopen the Matter?
A closed investigation does not necessarily mean that CPS can never become involved again. If the Cabinet receives a new report that meets the applicable criteria for investigation or assessment, it may have authority to take action based on the new circumstances.
For that reason, it is important to understand exactly how the original matter was resolved. Ask whether the investigation was closed, what finding was made, whether any services or safety plan were recommended, and whether you received written notice of the outcome.
Kentucky regulations provide for written notice when a protective services case is closed and advise families of certain hearing rights.
What If You Have a Custody Case?
A previous CPS investigation can become relevant in a family law or custody dispute, even when CPS did not file a court action. The significance of the investigation will depend on the circumstances, including what allegations were made, what CPS found, and whether the matter was substantiated or closed without a finding.
If you are involved in a custody dispute, you should not assume that a closed CPS investigation will automatically help or hurt your case. The details and available records matter.
Talk to a Kentucky Family Law Attorney
If CPS investigated your family but did not file a court case, you may still have questions about your rights and what the investigation could mean for your family. A Kentucky family law attorney can review the circumstances, help you understand the outcome of the CPS investigation, and explain how it may affect a current or future custody matter.
At Hoffman Walker & Knauf, we can help you understand your options and take appropriate steps to protect your parental rights. Contact us to discuss your situation.
