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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87580
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How long does it take for CPS to complete a Child abuse investigation

Resolved Question:

How long does it take for CPS to complete a Child abuse investigation ...and to either substantuate or unsubstantuate?
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. There may be a slight delay between your follow ups and my replies as I am typing out my answer. Please understand the following important points: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

There is no mandated time for CPS to conclude its report. At this point, CPS and you are simply "agreeing" to their investigation. Keep in mind that CPS cannot do anything without a court order. They are not the judiciary! They can threaten and cajole, but they cannot take your kids away without first going in front of a family court judge, which they can because the state gives it statutory power to do so. If this happens, you have the right to explain to your judge your side of the story.

So in the meantime, CPS says "we will work with you and if there is nothing to be found, then never-mind, and if there is, then we will work out a parenting plan." If you disagree with them, or do not do the parenting plan, then they will seek redress in the Court (in which case, there is a federal law that the matter must be settled within a year from the date of filing in court).

However, since at this point CPS is simply investigating, it is two entities (you and CPS) working informally with each other. There is no mandated due date for them to end their investigation. Normally, most investigations end in 2-4 months, after CPS has interviewed all parties involved and possibly had the child(ren) tested.

However, at any time, you can simply state "I do not want to cooperate with you anymore" and stop working with them. However, if you do, you risk them going to the court and possibly getting court orders for temporary custody and/or permanent custody (in extreme cases).

The reason why investigations take long are usually:
-shortage of case workers;
-rescheduling of interviews;
-inability to make a final decision due to a manpower shortage; and/or
-parties that refuse to cooperate with CPS.

IMPORTANT INFO: I hope this finds you well. Please use REPLY TO EXPERT to keep talking, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces because this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects negatively on me as an expert even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. Do not worry, you may always ask follow ups free after rating.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 87580
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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