If you receive notice that the case status on a Pennsylvania Child Protective Services (CPS) case is “indicated,” you should discuss your legal options with an attorney as soon as possible. This status means the county agency investigating your CPS case determined the child was abused or neglected. By law, you must receive written notification of this finding.
If your CPS case is “indicated” in Pennsylvania, connect with a Montgomery criminal defense lawyer from McKenzie Law Firm, P.C. today. An attorney familiar with this process can protect your rights and help you navigate the appeals process. Do not delay. There are short deadlines for challenging these findings.
What Does It Mean When a Pennsylvania CPS Case Receives a Status of Indicated?
Regardless of the agency managing the investigation, an indicated report means the caseworker handling the investigation believes abuse or neglect occurred. They found sufficient evidence to support the report, although there are no related judicial decisions. The evidence in these cases could include medical records, eyewitness statements, photographs, or an admission of the act by the accused party.
Still, you could face serious consequences if your case is listed as indicated.
What Happens Next?
After the investigation is over, you will receive a written notification from the agency. This letter will list the determination of the report based on the caseworker’s findings. If your notice lists the status as “indicated,’ you should contact your lawyer as soon as possible. This means CPS believes the allegations against you are true, and you could face ongoing concerns related to this.
Your lawyer can help you file an appeal. They will complete the paperwork and prepare you for an administrative hearing to challenge the finding. There are tight deadlines, so you should act quickly.
Potential Determinations After a CPS Investigation in Pennsylvania?
There are three possible determinations after a Pennsylvania CPS investigation. These are:
- Unfounded: An unfounded report means the caseworker found no evidence to support the allegations, and no abuse or neglect occurred. This is the best possible outcome in a CPS investigation, although going through this process could still cause serious disruptions in your daily life.
- Indicated: An indicated report means the caseworker uncovered evidence during the investigation they believe indicated that abuse or neglect likely occurred. Under Pennsylvania law, this is a substantiated report of abuse, so you should act quickly to challenge the finding and fight the determination.
- Founded: A founded report has even more evidence to back it. These cases usually involve a court case, the alleged abuser agreeing to participate in an accelerated rehabilitative program, or an approved protection from abuse (PFA) order against the accused party.
With a founded report, the legal system has confirmed abuse or neglect, making the evidence to back these cases stronger than in an indicated report. However, appeals are still possible, and you could overturn the finding.
How Long Does a CPS Investigation Take in Pennsylvania?
On the day the report of alleged abuse or neglect occurs, a caseworker or law enforcement officer will screen the report to determine if there is a need for an investigation. If so, Pennsylvania law gives the social workers 30 days to complete the investigation. Many do not complete the investigation during this period, though. Instead, they document why they missed the deadline and can generally receive 30 additional days if necessary.
Understanding how long a CPS investigation takes does little to make it easier to navigate the time while this process is ongoing. These investigations can feel incredibly invasive, and allegations of child abuse or neglect could affect your job, family life, social relationships, and much more.
During this time, you do not have to sit idly and wait for the outcome. An attorney can help you understand your options and next steps, using their knowledge, experience, and firm resources to plan a strategy for any outcome. They will also provide guidance about cooperating with the investigation, what information to share, and your rights while under investigation.
When Should I Contact an Attorney About My CPS Case and Appeal?
If there is an active CPS investigation against you, we encourage you to reach out right away. Our attorney can protect your rights, guide you through this process, and ensure you do not bear this burden alone.
If you do learn the status of your case is indicated or founded, you do not want to leave the outcome of an appeal to chance. You have one opportunity to clear your name. These appeals require following strict timelines, adhering to protocols, and presenting strong evidence to support your side of the story.
The appeals process could differ depending on the circumstances, the agency that handled the investigation, the determination, and other factors. This can be difficult or impossible for individuals to successfully manage on their own. With several steps to take and waiting periods to consider, you could waste a lot of time working on this type of appeal on your own only to find you missed a step or do not have a strong enough case.
An indicated CPS case in Pennsylvania means your future is on the line. It could affect your ability to get a job, earn as much as you’d like, rent an apartment, volunteer with certain organizations, work in some fields, and even spend time with family and friends. Work with a knowledgeable lawyer to appeal the decision and fight to clear your name.
Discuss Your Rights and Legal Options With Our Team Today
McKenzie Law Firm, P.C. represents parties under investigation for child abuse or neglect in Pennsylvania. We know how the CPS investigation process works and how to appeal findings of indicated or founded. We are here to help you during this frustrating and stressful time.
Contact us online or call us today to discuss your rights and next steps. We have someone available to take your call and discuss your next steps with you today.
