How Long Does a CPS Investigation Typically Last in Maryland?

If you are involved in a CPS case, understanding the timeline and process is essential. This blog explores how long a CPS investigation typically lasts in Maryland, the procedures involved, and the laws governing these investigations, including Maryland CPS laws, Maryland child abuse laws, and issues related to second-degree child abuse.

Overview of CPS Investigations in Maryland

CPS investigations are initiated when a report of suspected child abuse or neglect is made to local authorities. Under Maryland CPS laws, the agency is required to assess the situation, determine whether abuse or neglect has occurred, and decide on the appropriate steps to protect the child.

Typical Duration of a CPS Investigation in Maryland

In Maryland, CPS investigations are generally completed within 30 to 60 days. However, the timeline may vary based on the complexity of the case, the availability of evidence, and the need for extended evaluations. There are two types of CPS responses that influence the timeline:

1. Alternative Response (AR): For lower-risk cases, CPS may use an Alternative Response approach, which focuses on providing support and resources to families rather than conducting a formal investigation. These cases typically conclude more quickly, often within 30 days.

2. Investigative Response (IR): For higher-risk cases involving allegations of serious abuse or neglect, a more formal investigation is required. These cases may take up to 60 days or longer if additional evidence or assessments are needed.

Key Phases of a CPS Investigation

1. Initial Report and Screening

When a report of suspected child abuse or neglect is received, CPS screens the information to determine if it meets the criteria for intervention. Reports must be based on reasonable suspicion of abuse, neglect, or an unsafe environment. If the report is accepted, the case moves to the investigation phase.

2. Immediate Safety Assessment

Maryland child abuse laws require CPS to conduct an immediate safety assessment if there is an imminent risk to the child. CPS workers may visit the home, interview the child, parents, and other family members, and observe the living conditions. If necessary, CPS can work with law enforcement to ensure the child’s safety.

3. Information Gathering

During the investigation, CPS collects information to evaluate the allegations. This may include:

• Interviews with the child, parents, and other relevant individuals (e.g., teachers, neighbors, or doctors).

• Medical examinations if physical abuse or neglect is suspected.

• Review of school and medical records.

• Collaboration with law enforcement in cases involving potential criminal conduct.

4. Risk Assessment

CPS conducts a risk assessment to evaluate the likelihood of future harm to the child. Factors such as the severity of the alleged abuse, the child’s age, and the family’s history with CPS are considered.

5. Case Conclusion and Determination

At the end of the investigation, CPS issues a finding. Under Maryland CPS laws, findings fall into three categories:

• Indicated: Evidence supports the conclusion that abuse or neglect occurred.

• Unsubstantiated: There is insufficient evidence to confirm the allegations, but concerns remain.

• Ruled Out: Evidence shows that abuse or neglect did not occur.

Factors That Can Extend the Investigation Timeline

While most CPS investigations in Maryland are resolved within 60 days, certain factors can prolong the process:

• Complexity of Allegations: Cases involving multiple forms of abuse, such as physical and emotional abuse, require more extensive investigations.

• Second-Degree Child Abuse Allegations: Maryland child abuse laws define second-degree child abuse as acts causing physical injury or substantial risk of harm due to negligence. These cases often require thorough medical evaluations and interviews, which can extend the timeline.

• Uncooperative Parties: If family members or other involved parties are uncooperative, it may delay information gathering.

• Court Involvement: If the case involves court orders, custody disputes, or criminal charges, such as those related to second-degree child abuse, the timeline may lengthen.

• Need for Expert Evaluations: Cases requiring psychological assessments or expert testimony may take longer to resolve.

What Happens After a CPS Investigation?

Once the investigation concludes, CPS may take the following actions:

1. Close the Case: If the findings indicate no abuse or neglect, the case is closed.

2. Provide Support Services: For lower-risk cases, CPS may offer voluntary services, such as parenting classes or counseling.

3. Open a Case for Ongoing Services: If CPS identifies ongoing safety concerns, the family may be required to engage with support services.

4. Seek Court Intervention: In severe cases, CPS may petition the court to remove the child from the home or impose other protective measures.

Protecting Your Rights During a CPS Investigation

Parents and guardians have rights during a CPS investigation. Under Maryland CPS laws, you have the right to:

• Be informed of the allegations against you.

• Decline to answer questions or allow home visits without a court order.

• Seek legal representation to protect your interests.

Conclusion

CPS investigations in Maryland are designed to protect children and ensure their safety. While most investigations are completed within 30 to 60 days, the timeline can vary depending on the complexity of the case. Understanding Maryland CPS laws and Maryland child abuse laws is crucial for navigating this challenging process. If you are involved in a CPS investigation, particularly one involving serious allegations like second-degree child abuse, consulting an experienced attorney can help you protect your rights and work toward a favorable outcome.