They did, and CPS should have. What transpired here was not legal. Her parents should file a complaint and also should consider a suit against CPS for such treatment. What the family is looking here is a possible suit for 'negligence.'
It is well established that [t]he elements of a cause of action founded on negligence are:
1. A duty or obligation, recognized by the law, requiring the defendant to conform to a certain standard of conduct, for the protection of others against unreasonable risks;
2. A failure on the defendant's part to conform to the standard required: a breach of the duty;
3. A reasonably close causal connection between the conduct and the resulting injury[;] and
4. Actual loss or damage resulting to the interests of another. Tseu ex rel. Hobbs v. Jeyte, 88 Hawai`i 85, 91, 962 P.2d 344, 350 (1998) (quoting Knodle v. Waikiki Gateway Hotel, Inc., 69 Haw. 376, 385, 742 P.2d 377, 383 (1987)
Here, CPS failed to conform to standard and breached its duty in treating the children.
In addition, a cause of assault may also be added to the suit as well. I recommend talking to an attorney about possible litigation
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