Common Myths About CPS Cases: Separating Fact from Fiction in Washington State

When Child Protective Services (CPS) becomes involved in a family’s life, it can be a stressful and overwhelming experience. Parents may feel like they’re fighting an uphill battle, especially when they’re faced with accusations that may not be entirely true. In Washington State, there are several misconceptions about CPS cases that can create unnecessary confusion and anxiety. 

Let’s take a look at some of the most common myths surrounding CPS cases and help you understand how you can protect your parental rights while ensuring the best interests of your children.

Myth 1: CPS Can Remove Your Child Without Cause

One of the most persistent myths about CPS is that they can remove a child from their home without any reason. In reality, CPS cannot simply take a child away without a legitimate concern for the child’s safety or well-being. According to Washington State law, CPS can only remove a child if there is an immediate risk of harm, such as abuse or neglect. Even in these situations, CPS must follow legal procedures, and the parent has the right to challenge the removal in court.

Myth 2: CPS Only Gets Involved in Extreme Cases of Abuse

Many parents believe that CPS is only involved in cases of severe abuse or neglect. While it’s true that CPS investigates cases of serious harm to children, they also look into less extreme situations. CPS may get involved if there are concerns about neglect, such as failing to provide adequate food, shelter, or medical care. It’s important to understand that CPS does not only intervene in the most extreme cases but also works to ensure that children’s basic needs are being met in all family situations.

Myth 3: You Have to Cooperate with CPS or You’ll Lose Your Child

Another myth is that parents must fully cooperate with CPS investigators, or they risk losing custody of their children. While it’s important to be respectful during the investigation, you are not required to waive your rights. 

In Washington State, parents have the right to remain silent and the right to consult with an attorney before speaking to CPS. It’s essential to remember that your attorney can guide you through the process and help protect your rights during the investigation.

Myth 4: If CPS is Involved, You’re a Bad Parent

Perhaps one of the most damaging myths is that CPS involvement automatically means you are a bad parent. This is simply not true. 

CPS is there to ensure that children are safe, but their involvement does not reflect on your overall parenting abilities. In many cases, CPS involvement stems from misunderstandings, unintentional actions, or institutional biases that families face. 

For example, View Ridge Family Law & Estate Planning attorney Elena Trebaol has successfully defended families against erroneous diagnoses of child abuse, and has helped families defy these wrongful allegations of child abuse. 

Myth 5: Once CPS Is Involved, There’s No Way to Get Your Child Back

Parents often feel hopeless once CPS has become involved, fearing that they’ll never be able to regain custody of their child. However, this is not the case. In Washington State, CPS’s goal is to reunite families whenever it’s safe to do so. If your child is removed from your care, you will be given a reunification plan that outlines the steps you need to take to have your child returned. 

An experienced family law attorney can help guide you through this complex process, and in some cases dispute false allegations presented by CPS. 

Myth 6: You Don’t Need an Attorney to Fight CPS

Many parents mistakenly believe that they don’t need an attorney to fight CPS. While you have the right to represent yourself, having an experienced family law attorney on your side can make a significant difference in the outcome of your case. 

Your attorney can coordinate expert testimony, witness testimony, and documentary evidence to can help protect your family. Additionally, they can execute essential legal strategies to challenge the sufficiency of evidence in a legal matter. Your attorney will work to ensure that your civil rights are not violated, and can appeal CPS decisions by bringing a case to the Washington State Court of Appeals or Office of Administrative Hearings, as appropriate.

Myth 7: CPS Will Automatically Take Your Child if You’ve Had Previous Involvement with the Agency

Some parents worry that past interactions with CPS will automatically result in their child being removed. While a history with CPS may be considered in the current investigation, it doesn’t mean that your child will automatically be taken away. Each case is unique, and CPS must evaluate the current circumstances to determine whether removal is necessary.

Common Myths About CPS Cases: Protecting Your Parental Rights and Your Child’s Needs

If CPS is involved in your family’s life, it’s important to remember that your parental rights are protected under Washington State law. Here are a few ways you can protect your rights and ensure that your child’s needs are met:

1. Stay Calm and Cooperative – While it’s important to protect your rights, being respectful and polite with CPS investigators can go a long way in helping resolve the situation.

2. Know Your Rights – You have the right to remain silent and the right to consult with an attorney before speaking with CPS. Make sure you understand your rights and how to exercise them during the investigation.

3. Document Everything – Keep detailed records of your interactions with CPS, any steps you’ve taken to address concerns, and any progress you’ve made. Documentation can be crucial in defending your case.

4. Follow the Reunification Plan – If your child is removed from your care, following the reunification plan is essential. This shows CPS that you are committed to providing a safe environment for your child.

5. Consult with an Attorney – A family law attorney can help guide you through the CPS process, advocate for your rights, and help you understand the steps necessary to reunite with your child.

   
   

Why Understanding CPS Myths is Crucial

Understanding common myths about CPS cases is vital for protecting your parental rights and ensuring the well-being of your children. By dispelling common myths, you can approach the situation with clarity and confidence. 

Remember, CPS’s goal is to ensure that children are safe, but they also want to help families stay together whenever possible. If you’re facing a CPS investigation, contact an experienced family law attorney to guide you through the process and advocate for the best outcome for your family.

For assistance, call us at 206-703-0764 or contact us online to schedule a consultation.