When CPS contacts your family

A case plan sets out the actions, goals and tasks a parent or caregiver needs to complete, with expected results, so that children can stay or return home safely. Plans vary by state and agency.

Families, including older children, usually take part in making the plan. Ask for a copy, and ask about anything you don’t understand.

Agencies may hold family team meetings or family group conferences, with relatives, friends, teachers and sometimes older children, to talk about where children will live and what everyone’s goals are.

In-home services might include parenting support, child care, housing help, job training, counseling, or respite care.

Under the Family First Prevention Services Act (2018), states can use federal funds for up to 12 months of in-home parenting programs, mental health care, and substance use prevention and treatment, so children can stay with parents or relatives.

If children live elsewhere for a while, visits with parents, siblings and other family are set out in the case plan. These visits help keep bonds strong and prepare for reunification.

Ideas that can help

• Ask for anything important in writing
• Ask for the caseworker’s name, phone number and agency
• Ask what the concern is, and what happens next
• If you are unsure what to say, ask whether you can speak to a lawyer first
• Write down what was said and the date

Caseworkers also look at a family’s strengths and needs, so it is okay to share what is going well and what help would make a difference.

The “My questions for the caseworker” worksheet can help you prepare.

If a court case is opened and you qualify, a lawyer may be assigned to you. If not, a legal aid office or your county’s assigned counsel office may help you find one.

Work closely with your lawyer. Ask questions when you don’t understand, meet before and after hearings if you can, and take notes on what you need to do next.

If you have a case plan, it lists the steps and goals expected of you. Keep track of every step you complete, and keep copies of certificates, attendance records and letters.

The “Parent action plan” worksheet can help you see your progress in one place.

Lean on people you trust: family, friends, a faith community, a counselor, or a parent support group. Some areas have parent partners or mentors who have been through a CPS case themselves.

The “People in my corner during a CPS case” worksheet can help you list them.

Children notice stress. Tell them, in words that fit their age, that adults are working things out and that none of it is their fault. Avoid asking them to keep secrets or to take sides.

The Child Welfare Information Gateway notes that contact with the child welfare system can itself feel traumatic for children, so steady routines and reassurance matter.

The Kids & family changes guide has more on helping children through big family changes.

The Adoption and Safe Families Act generally requires states to start the process of ending parental rights when a child has been in foster care for 15 of the last 22 months, with some exceptions. This is one reason why working on the case plan early matters.

Federal law also requires a permanency hearing within 12 months of a child entering foster care, and every 12 months after. Many states hold them more often.

If abuse or neglect is substantiated, the name of the person responsible may be placed on a state registry. Rules differ by state, so ask a lawyer what this means for you and whether you can challenge it.

The Legal Services Corporation funds free civil legal aid for people on low incomes. Its online tool can find a legal aid organization near you, and LawHelp.org lists free legal help and information by state.

Common hearings, in rough order

1. Emergency or shelter hearing: where the child will stay for now
2. Fact-finding (adjudication): whether the child was abused or neglected, as claimed
3. Disposition: visits, services, and where the child lives during the case
4. Review hearings: progress, services, and the child’s well-being
5. Permanency hearing: the long-term plan for the child

Federal law requires a permanency hearing within 12 months of a child entering foster care, and every 12 months after. Many states hold them more often.

• Agency lawyer: presents the agency’s case
• Child’s lawyer, guardian ad litem (GAL), or court-appointed special advocate (CASA): speaks for the child
• Judge: decides whether abuse or neglect happened, where the child lives, and what must happen for the child to come home
• Parent’s lawyer: represents the parent and explains each step

You can ask for an interpreter if you need one.

For children who are members of, or eligible for membership in, a federally recognized Tribe, the Indian Child Welfare Act (1978) governs removal and placement, and gives the child’s Tribe and family a voice in decisions.

Key protections (NICWA)

• “Active efforts”: agencies must take real steps to prevent removal or reunite the family, beyond simply giving referrals
• Placement preferences that keep children connected to family and community
• Prompt notice to the child’s Tribe and parents, and the Tribe’s right to take part
• The right to ask for the case to move to Tribal court

Each Tribe decides its own membership. The National Indian Child Welfare Association (NICWA) has more information.

While in foster or kinship care, the child goes to school and gets medical care and other services as needed. The family also gets services to help them reunite.

Federal law requires reasonable efforts to place siblings together, or to arrange frequent visits if they are apart, unless that would harm their safety or well-being. Research shows siblings placed together tend to have more stable placements and do better.

Reuniting with family is the main plan for most children. Most places also make a backup plan at the same time (called concurrent planning), in case going home isn’t possible.

In fiscal year 2023, about 44% of children leaving foster care went home to their families, the most common outcome.

The Family dynamics guide has a section on families coming back together.

When reunification can’t happen, children can find permanency through adoption, guardianship (often with relatives) or another planned permanent arrangement.

Depending on the state, young people may leave foster care between ages 18 and 21. Older youth should get help with independent living skills and stay connected to trusted adults.

A caseworker may want to talk with you, sometimes on your own and sometimes with a grown-up there. This depends on your age and the situation.

You can tell the truth, say “I don’t know”, or say if you don’t understand a question. You can also ask them questions.

Many kids keep living at home while their family gets help. If home isn’t safe right now, you might stay with a relative, a family friend, or a foster family for a while. Living with relatives is the first choice when possible.

You keep going to school and seeing a doctor when you need to. If you have brothers or sisters, the law says adults should try to keep you together.

If there is a court case, the court may give you a lawyer, a guardian ad litem, or a CASA volunteer. Their job is to speak up for you and your needs.

Older kids and teens can often help plan what happens next.

You might miss your family, worry about them, feel angry, or feel relieved, sometimes all in the same day. You can love your parents and still need adults to keep you safe.

Big changes can show up as trouble sleeping, stomachaches, or finding it hard to concentrate. Telling a trusted adult how you feel can help.

• 988: call or text if you feel overwhelmed or unsafe
• Call 911 if you are in danger
• Childhelp: call or text 1-800-422-4453
• Text HOME to 741741

A school counselor, teacher, coach or relative can also be someone you trust.

Questions to ask yourself

• Am I willing and able to care for children who are not my own?
• Can I offer a safe home?
• Will my own health affect my ability to care for them?
• Can I support their plan, whether that is going home, staying with me, or another option?
• How will this affect others in my household?
• What support would I and the children need?

• Formal: a judge places the children in state custody, and the agency places them with kin. This is closest to foster care.
• Informal: arranged within the family, no agency or court. Parents keep legal custody.
• Voluntary: the agency is involved, but the state does not take legal custody.

Some kin caregivers also seek guardianship or another legal arrangement, which usually needs court approval.

Physical custody is where the children live. Legal custody is the right to make decisions, like enrolling them in school or agreeing to medical care. You may have physical custody while the parents or the state still have legal custody.

In informal arrangements, many states have power of attorney laws or consent forms that let kin handle school and health care.

Possible supports

• Foster care payments, if you become a licensed foster parent
• Guardianship assistance in many states, for licensed kin who become guardians
• SNAP food benefits
• SSI, for children or caregivers with disabilities or caregivers 65 and older
• TANF “child-only” grants, which most children cared for by relatives qualify for

• Who has legal custody?
• Can I help develop the service plan and get a copy?
• Will the children or I have to go to court?
• Who handles school enrollment and health care consent?
• Are there rules about contact with the parents?
• What services, child care or transportation help is available?
• How can I become a licensed foster parent?

Kin caregivers should be included in case planning and get copies of the final plan. Plans should be reviewed with everyone at least every 6 months.

Children who have been through trauma may seem irritable, clingy, defiant or withdrawn, or go back to younger behaviors. These can be the body’s learned ways of coping with danger.

The Gateway suggests shifting from seeing “a bad kid” to seeing a kid who has had bad things happen. Positive relationships with caring adults help children recover.

If signs are severe, last a long time, or get in the way of home or school, it is important to seek help, for example from a therapist who understands trauma.

Many parents feel ashamed, angry or grief-stricken after CPS involvement, even when things turned out okay. Talking with a counselor, a parent support group or a trusted friend can help you process it.

Support can continue after a case closes, including services after reunification or another permanent placement.

Child welfare agencies talk about “protective factors”: strengths like parental resilience, knowledge of parenting, and social connections. Building these helps keep children safe and families strong.

Social connection is one of the protective factors that keep families strong. Friends who bring a meal, give a ride, or simply stay in touch help a family feel less alone.

211 can connect families with free, confidential local help with food, housing, utilities and child care.

The Legal Services Corporation’s online locator finds a legal aid organization near you. LawHelp.org lists free legal aid by state, with plain-language legal guides and links to free document tools. Your county’s assigned counsel office may also help.

For anyone concerned about or affected by child abuse: children, teens, parents and other adults. Counselors are available 24/7 in more than 170 languages, and calls are confidential.

It is not a reporting line and is not connected to 911. You can also chat at childhelphotline.org.

Dial 211 or visit 211.org for free, confidential help finding local services for food, housing, utilities, health care, jobs and child care.

The National Indian Child Welfare Association (NICWA) explains the Indian Child Welfare Act and the rights of children, families and Tribes.

Call or text 988, or chat at 988lifeline.org, if you are struggling or feel unsafe with your thoughts. It is free and open 24/7.

You can also text HOME to 741741 to reach the Crisis Text Line, 24/7. Call 911 if anyone is in immediate danger.

Child protection laws differ around the world. A local family lawyer or legal aid service can explain how it works where you live.

Find A Helpline (findahelpline.com) lists free, confidential helplines in over 175 countries. It is supported by the International Association for Suicide Prevention.