Appealing Child Protective Services Findings
At the completion of every CPS investigative response, a determination is made as to whether the reported abuse or neglect is “indicated” or “unsubstantiated” or “ruled out”. Anyone believed responsible for an “indicated” or unsubstantiated” finding of child abuse or neglect is entered into a central confidential state database that includes the names of all individuals who have been named as responsible in an indicted or unsubstantiated finding as well as a person in an unsubstantiated finding who, while not named as a person responsible, is associated with the finding. These individuals are eligible to seek an appeal of the finding. To apply for appeal, the individual must complete the appeal form that is provided at the completion of the investigation and return it to the address noted on the form within the required timeframe.
For unsubstantiated findings the first level of appeal is a meeting with the local department supervisor. If not satisfied at the conclusion of the first meeting, the appeal moves to the Office of Administrative Hearing for a formal court hearing.
For indicated findings the Appeal Request is made directly to the Office of Administrative Hearing.
The forms you receive at the conclusion of the investigation will explain how to appeal.