Child Protective Services
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What is Child Protective Services?
Child Protective Services is a statewide program designed to protect children while helping parents become better care providers. Each local department of social services has the legal responsibility to investigate all reports of child abuse, neglect, and mental injury, where the health and welfare of children may be endangered by the actions or inactions of parents or other adults responsible for the children's care or by any household or family member.
How can I make a report?
Child abuse, neglect and child sexual abuse and mental injury reports are accepted via telephone, in person or letter from 8:00 am to 5:00 pm through the Worcester County Department of Social Services. The main agency number is (410) 677-6800. There is twenty-four hour emergency coverage for Child Protective Services which can be accessed by calling (410) 632-1111 or the local police after hours, weekends or holidays.
How does my name become known to Child Protective Services?
In Maryland, the Child Abuse and Neglect Law requires that any health practitioner (doctor, nurse, etc.), police officer, educator or human service worker who has reason to believe that a child has been subjected to abuse, neglect or mental injury, shall report such cases to the appropriate law enforcement agency. All other citizens who have reason to believe that a child has been subjected to abuse, neglect or mental injury, are also required to make reports.
Can I find out who reported me?
The local departments of social services do not release the names of persons who make reports without a court order directing them to do so. In most cases, reports are made by persons and professionals who believe the child and family are truly in need of help.
What right does a Child Protective Services worker have to come into my home?
The Child Abuse and Neglect Law (5-701 to 5-715 of the Maryland family Law Code Annotated) requires that a child protective services worker make prompt investigations of alleged child abuse, child neglect, and mental injury situations.
The Law Says: Promptly after receiving a report of suspected abuse, neglect or mental injury, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation to protect the welfare of the children. Within 24 hours of the suspected abuse and within 5 days after receiving a report of suspected neglect or mental injury, the local department or appropriate law enforcement agency shall: see the child, attempt to have an on site interview with the child's caretakers, decide on the safety of the child, wherever the child is, and of other children in the care of custody of the alleged abuser.
According to the law, the investigation shall include: a determination of the nature, extent and cause of the abuse, neglect, and mental injury, if any, and, if the suspected abuse, neglect or mental injury is verified - a determination of the identity if the person or persons responsible for the abuse, neglect, and mental injury; a determination of the name, age, and condition of any other child in the household; and evaluation of the parents and the home environment; a determination of any other pertinent facts or matters; and a determination of any needed services.
What will the Child Protective Services worker do?
The child protective services worker and/or the law enforcement officer will visit your home to find out whether or not children in your care are being mistreated and how to help your family.
Sometimes the child will be examined to see if the report is true or false. You and your family members will be asked questions. What you say is very important, because it helps in making a fair decision. If court action is needed, your statements will be included in the presentation to the judge.
What happens if the report is untrue?
If no abuse, neglect, or mental injury is found, the case is closed with Protective Services. If you want help with other problems, you will be referred to another service.
What happens if the report is true?
If, based on the investigation, it is decided that abuse, neglect and mental injury of your children has occurred, or that your children are at risk of future harm, then your family will be given a child protective services worker to help you solve the problems that place your children at risk of harm.
If emergency medical treatment is necessary, the worker can take your children to a doctor, hospital or clinic for examination and treatment without your permission. Workers and families should cooperate to develop a treatment plan together to solve problems. This may include referring you and your family to specialized counseling, homemaker services, day care or to other resources you may not know about.
Are children always removed?
The child protective services worker and/or law enforcement officer must make a decision about the safety of your children. If there is a threat of immediate danger or problems that are too serious to solve with the children in the home, the worker can take the children into custody to have them stay in an emergency shelter home. If the worker removes your child there will be a court hearing. You have the right to have your lawyer at all court hearings and you should tell the judge why you think your children should not have been taken from you. Your children will have their own lawyer present at all hearings.
The child protective services worker does not want to remove children from their parents, and will try to keep them with you whenever that is possible. If you children do have to live elsewhere for a while, you will be told of the reasons why and what you must to do get them back.
What will happen if I receive a check, food stamps, or medical assistance?
Child Protective Services workers are not the same workers who decide whether you can get TCA, food stamps, or a medical card. However, if a child is taken out of your home as a result of an investigation, your eligibility for food stamps, TCA or a medical card for the child can be affected. You are required to report any changes in your your family unit to your eligibility worker immediately.
What does a Child Protective Services worker do?
A Child Protective Services worker does many things. First, a worker investigates reports of child maltreatment. When there are indications that abuse, neglect or mental injury has occurred, a worker tries to determine whether children are at significant risk of further harm. Then, a worker will identify problems that contribute to child abuse, neglect or mental injury and visit regularly to help family members cope with these problems. A worker may also suggest services such as counseling for parents.
What happens if I do not want a Child Protective Services worker?
If you are unable to reach a mutual agreement about issues to be resolved, the worker who investigated the report will make a decision about referring your situation to Juvenile Court to decide what should be done. The worker will explain your situation to the Juvenile Court judge. The judge may, then, order you to work with the agency to remedy the identified problems.
Ongoing services will not be offered if the worker assesses that there is little risk that your children will be abused, neglected or mentally injured, and that their basic needs are being met.
What can I do if I have a complaint?
Whenever you have a complaint or a problem, the first person to talk to is your child protective services worker. An open discussion will often settle the matter. If you and your child protective services worker cannot settle the problem, ask to speak to your child protective services worker's supervisor.
The law allows you to appeal two different kinds of decisions a local department may make in your case.
Hearings
First, you have the right to request a hearing when:
- You disagree with the local department's decision regarding your case; or
- The local department has denied you services; not acted quickly enough on an application for services; suspended, reduced or stopped services; or given you notice that it intends to do so.
- If you wish to request a hearing for one of these reasons, ask your worker for appeal forms and information about how to file an appeal. You must send your appeal request to your worker as soon as possible-not later than 90 days after the decision you are appealing.
- Both you and a representative from the local department will attend the hearing. You may represent yourself. You may also ask the local department for information about getting legal assistance. An administrative law judge from the Office of Administrative Hearings will listen to you and to someone from the local department before making a decision.
Child Abuse and Neglect Hearings
Second, you have the right to request a hearing when:
- You disagree with the finding of "indicated" or "unsubstantiated" child abuse or neglect;
- You disagree with the finding that you were the person responsible for the abuse or neglect; and
- In the case of an indicated finding, you disagree with the local department's decision to identify you in its confidential central registry as responsible for abuse or neglect.
Contact the local department that did the investigation to request an appeal form.
If the finding was "unsubstantiated" child abuse or neglect, you will be offered a conference with a local department supervisor to discuss the finding and whether any information should be added to or changed in the local department's file. If you are not satisfied with the conference, you may ask for a hearing at the Office of Administrative Hearings.
If the finding was "indicated" child abuse or neglect, you will be offered a hearing with an administrative law judge at the Office of Administrative Hearings. Complete the forms the local department provides you and return them to the Office of Administrative Hearings with the appropriate fee to start you appeal.
If criminal charges have been brought against you for any acts related to the finding of child abuse or neglect, your appeal will be set aside until the criminal case is over. If you are found guilty, your appeal will be dismissed. If you are not found guilty, your appeal to the Office of Administrative Hearings will continue.
What if I have further questions?
Call the Child Protective Services Intake Unit at 410-677-6839 If the intake worker cannot answer your questions, you will be linked with a supervisor.
Copyright © [2002] [Department of Social Services Worcester County, MD]
