Navigating a CPS Investigation in Boone County, KY

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There isn’t a more stressful situation than for a parent or caregiver to find out that Child Protective Services (CPS) is investigating their family. CPS investigations occurring in Boone County are typically handled by the Cabinet for Health and Family Services (CHFS). 

While it’s a challenging experience, learning about what a CPS investigation is like and what your rights are can help you react appropriately and protect your family.

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Why CPS Investigations Happen

A CPS investigation is often initiated after a report of suspected child abuse or neglect. Some professionals like teachers, doctors, or social workers are mandated by law in the state of Kentucky to make these reports when concerns arise. Anonymous reports can also be made by members of the public.

Some common allegations are:

  • Physical abuse.
  • Sexual abuse.
  • Emotional abuse.
  • Neglect (including lack of supervision, nutrition, or medical care).
  • Substance abuse or exposure to domestic violence.

It is important to note that reporting does not necessarily mean that abuse or neglect occurred. That is determined when CPS investigates the allegations to decide if they are substantiated. 

What to Expect During a CPS Investigation

After receiving a report, CPS must assess the child’s safety. In Boone County, a social worker may contact you to arrange a visit, or sometimes they may arrive without notice. This depends on the nature of the allegation. 

During an investigation, CPS can:

  • Interview parents and children, as well as other household members.
  • Visit the home to evaluate living conditions.
  • Speak to teachers, doctors, or caregivers.
  • Access and review medical, school, or counseling records.

Under Kentucky law, there is a certain timeline for investigations, with more serious allegations requiring a quicker response. The investigation typically concludes within a defined period unless extended for good cause.

Your Rights During a CPS Investigation

Parents or caretakers have important rights that must be respected during a CPS investigation. These include:

  • The right to know the general nature of the allegations (the identity of the person who made the report will remain confidential).
  • The right to deny access to your home without the presence of a court order or unless CPS believes that a child is in immediate danger. 
  • The right to refuse interviews, including interviews of your child, unless ordered by the court.
  • The right to consult with an attorney at any point in the process. 

Though sometimes it could lead to issues being resolved faster, you are not obligated to answer questions without seeking legal advice first.

Possible Outcomes of a CPS Investigation

When a CPS investigation is complete, they may reach one of the following conclusions:

  • Unsubstantiated: There was no evidence of abuse or neglect.
  • Substantiated: CPS thinks that abuse or neglect occurred. 
  • Services Offered: CPS could recommend or require services. They can be parenting classes, counseling, or substance abuse treatment.

More serious cases would prompt CPS to involve the Boone County Family Court, which could result in:

  • Court-ordered services.
  • Short-term or temporary placement of the child with family or foster care.
  • Supervision by the court.

Removal of a child is regarded as a last resort and court approval is often required for it, except when there is an immediate safety risk. 

How CPS Cases Interact With Family Court

A CPS investigation could result in lasting consequences, sometimes beyond the initial inquiry. Substantiated allegations can have an impact on:

  • Custody and visitation disputes.
  • Divorce or separation cases.
  • Proceedings related to adoption or guardianship.

Family court judges will often rely on the findings of CPS, meaning that it’s crucial to address investigations carefully and strategically.

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Why Legal Representation Matters

Investigations by CPS can move very quickly, and often times, decisions made early in the process shape the final outcome. A seasoned family law attorney can:

  • Communicate with CPS on your behalf.
  • Ensure your rights are protected.
  • Assist in gathering evidence and documentation.
  • Represent you in Boone County Family Court if necessary.
  • Ensure minimized disruptions to your family.

Trying to go through a CPS investigation on your own could end up unintentionally escalating concerns or resulting in unfavorable outcomes – and strong legal representation helps you avoid all of that. 

How Hoffman Walker & Knauf Can Help

At Hoffman Walker & Knauf, we understand what it means to be faced with a CPS investigation, and how overwhelming it can be for families in Boone County. Our lawyers are here to guide you through the process. 

If you or someone you know is dealing with a CPS investigation or concerns about child welfare involvement, seek help now and contact Hoffman Walker & Knauf today. Together, we will explore your rights as well as your legal options under Kentucky law.