When CPS initiates a case for either an Investigative Response or an Alternative Response, a CPS caseworker will come to your home and provide you with the “Family Guide to CPS”brochure. The CPS worker will describe the allegations of the report and explain why it caused an Investigative or Alternative Response.
The caseworker is required by the Code of Maryland Regulations to ask you to sign an acknowledgment form. Your signature acknowledges that you received the Family Guide to CPS Brochure, which explains your rights in connection with the assessment of the safety and well-being of children under your care and supervision. Your signature on the form does not mean you agree or disagree with the offer of services. You can choose not to sign the form, and the caseworker will document your refusal on the form. You have the right to consult with an attorney before speaking to CPS or signing any documents.
Frequently Asked Questions
Parents have fundamental constitutional rights to custody of their children that stem from their duty to provide for the support, care, nurture, welfare, and education of those children. CPS may offer services that may assist a parent but cannot modify those rights or duties without a court order.
You may choose to consult with an attorney before speaking with a CPS worker.
You may deny CPS access to the child(ren) after the initial assessment as long as the child does not appear to be at a serious, immediate danger.
You may consent or refuse to consent to any services offered by the CPS worker, such as a substance use evaluation or mental health evaluation.
You may sign or refuse to sign any documents requested by the CPS worker.
In Maryland, a safety plan is a written agreement between the local department of social services and one or more family members and other caregivers. It details specific actions and responsibilities to manage immediate threats to a child’s safety, aiming to protect the child while the CPS response is ongoing. It’s a way to address safety concerns without immediately seeking court involvement. Safety plans are intended to be collaborative and time-limited.
Examples of Safety Plan Actions:
The identified alleged maltreator temporarily leaving the home; and/or
A parent agreeing to engage in treatment for substance abuse; and/or
The child staying with a specified relative or friend on a short-term basis until specific safety measures in the home are implemented; and/or
Implementing safety measures in the home, such as installing locks, smoke detectors, or safe sleeping arrangements; and/or
Immediately taking the child to an appropriate medical provider for evaluation and treatment; and/or
Establishing clear rules and boundaries for the household, such as the use of appropriate forms of discipline
Important Considerations:
A safety plan is not a court order and can be modified by agreement at any time.
A family may agree or refuse to enter into a safety plan.
Whether or not there is a safety plan, if CPS determines that the family is unable or unwilling to provide for the safety of any child who has experienced abuse or neglect, the local department may petition the juvenile court to consider whether the child needs the court’s assistance and supervision. Everyone involved in these hearings is entitled to an attorney at every stage of the process. If the court determines that a parent or legal guardian is financially eligible, it may appoint an attorney through the Office of the Public Defender at no cost.
If CPS determines that a child is in serious, immediate danger, CPS may remove the child from the home and then immediately petition the juvenile court to conduct an emergency hearing so that a judge may determine whether temporary placement of the child outside the home is warranted.
The parent, guardian, or custodian must understand the implications of a safety plan before signing it. Anyone who is asked to sign a safety plan may consult legal counsel if they have concerns or questions.
The Department is required by law, under Maryland Family Law Article §5–706, to assess the safety of children. CPS responses cannot be completed until the Department has fully assessed the safety of the child. If you refuse CPS access to your child, CPS will be required to handle the response as an investigation and to determine the nature, extent, and cause of the alleged abuse or neglect, and the identity of a person responsible for any abuse or neglect that occurred.
The Department may request law enforcement’s help to complete a child safety evaluation of your child(ren) or to prevent a serious, immediate danger to the child.
We seek your consent first for any medical exam of your child. If you withhold consent and we believe a child is or may have been abused or neglected, Maryland law allows CPS to consent for the child to receive an exam or emergency treatment limited to child-abuse/neglect concerns by an authorized professional. You may ask for the name of the provider, what the exam includes, and how you will receive results.
The Department may remove the child from any serious, immediate danger in the home and petition the juvenile court to determine whether the child needs the court’s assistance and supervision.
If the Department determines that a child’s safety cannot be assured in the home, the Department may petition the juvenile court to consider whether the child needs the court’s assistance and supervision. Before petitioning the court, the CPS worker may remove the child from your care if the worker believes that the child is in serious, immediate danger.
If the Department seeks court involvement, the child and the child’s parents will:
Have the opportunity to participate in a hearing before a judge.
Receive notice of the date, time, and location of the scheduled court hearing.
Have the right to counsel in every stage of the juvenile court proceedings. An attorney may be appointed for a parent at no cost if the court determines the parent is financially eligible. A parent may also seek legal counsel before the hearing. For assistance in obtaining counsel, a parent may contact the Parent Defense Unit at the Maryland Office of the Public Defender.
