Education for Justice

FACT SHEET Y-2

Fall 2011

CHILD PROTECTION

 

WHAT IS CHILD PROTECTION?

Child Protection is a county agency.  It investigates reports of maltreatment.  Maltreatment means a child is abused or neglected.  If Child Protection believes you abused or neglected your child then Child Protection may give services to your family, or remove the children and send the matter to court.  Child Protection workers are social workers – not police, or lawyers.

 

 

WHAT IS ABUSE OR NEGLECT?

Abuse is physical or emotional harm to a child that is not an accident.  It is things like broken bones, bruises, burns, hitting that is not normal discipline, and sexual abuse of any kind.  Abuse can also be emotional harm.

 

Neglect is when the child does not get necessary food, clothing, shelter, education, medical care, supervision, or protection from harm.  Use of alcohol or drugs may be seen as neglect if it affects a child’s needs or safety.

 

 

WHAT CAN CHILD PROTECTION WORKERS DO?

 

·             Investigate

Child Protection workers investigate maltreatment reports that meet the definition of “neglect” and/or “abuse.”  This can be a phone call to the suspected abuser, a home visit, an interview with the child, or an interview with other people, like doctors or teachers.  If they find abuse or neglect, a case can go into the court system. 

 

Then Child Protection keeps investigating to get evidence until the case is closed.  They can make a case plan to solve problems in the home.  This can be done right away, or when the family is brought back together (reunified) if the children are placed out of the home for a while.

 

If the case plan works, the case is closed.  If the case plan has not worked, Child Protection can go to court to end the parents’ rights.

 

·               Make Maltreatment Determinations

When a Child Protection worker is done investigating a report of maltreatment, then the worker must decide if maltreatment happened or not. If the worker believes that the parent did maltreat the child it is called a “maltreatment determination.”  That “determination” will prevent the parent from working in certain jobs or provide foster care. For example, if a parent has a “maltreatment determination” then they cannot get a foster care license or work as a child care provider, a teacher’s aide, a bus driver, a nurse, or a personal care attendant. Sometimes the worker can make a maltreatment determination and not offer any services.  If there was a

 

“maltreatment determination” then a letter must be sent to you.  You only have 15 days, from the date of the letter, to appeal and ask the county to review their maltreatment determination.

 

·         Provide Services

If a child was abused, is likely to be abused, or if the child has been neglected, Child Protection may open a case file.  Then they can offer services for family problems – like foster care, chemical dependency treatment, therapy, and counseling.  They can offer services without going to court, if the parent agrees.

 

·         Recommend Removal of the Child

Workers can’t take a child out of the home unless a parent says it is ok, OR if they have a court order.  If a worker feels a child is in immediate danger but cannot get the parent to agree, they will call the police.  Police can take the child from the home to a shelter.  There must be a court hearing within 72 hours (weekends and holidays do not count) about whether the child will stay in foster care longer.

 

·         Go to Court for the Child Protection Agency

Child Protection workers can ask Juvenile Court to place children away from the home of the parent who is suspected of abuse or neglect.  This place may be in the home of a relative, foster care, or residential facility. 

 

In most cases Child Protection must work to reunite the family.  But, if that does not work, they will collect evidence to permanently remove the children.

 

 

WHAT SHOULD I DO IF CHILD PROTECTION CONTACTS ME?

·         Write down the name and number of any worker that contacts you.  Call them when you need information about the case.

 

·         Keep copies of all papers from Child Protection.  If the worker finds there is not abuse or neglect, they will send you a letter saying so.  It will also say that you can choose to have the whole file destroyed.  Many times it is better to ask the worker to keep the file, so if there is ever a question about what happened, you have the records.  If the worker finds that there is abuse or neglect, then you need to appeal that decision right away. Keep notes of all meetings with workers, including the date, who was there, and what was said.

 

·         Be cooperative and honest, but careful, when talking to workers.  Remember, your comments can be used against you in court.  Legally, they cannot force you to talk to them. But if you do not talk to them they may find that suspicious.  Bring a friend, advocate or lawyer to meetings if you can.  You have the right to a free court-appointed lawyer if you have a low income but not until Child Protection is:

-        Making a foster care plan or

-        Filing a court case

 

·         If your child needs to be out of your home, tell the worker about any relative who could take care of your child for a while.  Work with the worker to find and place your child with your relatives, if that is what you want.

 

 

 

 

·         You have the right to take part in making a case plan that will help you and your family.  Be honest!  Tell the worker what things will help your family fix the problems so you get a good case plan.

 

·         Follow the case plan.  If you do not, the worker will go to court.

 

·         Go to all meetings and court hearings.

 

You can contact a private or legal aid lawyer for advice.  Normally, you will not get a free lawyer until the first court hearing.  If you think you should get a free lawyer, call the court and ask that a judge appoint an attorney for you under Minnesota Statute 260C.163, subd. 3 and Juvenile Protection Procedure Rule 25.02, subd.2. 

 

If you are a grandparent and the child lived with you at any time in the last 2 years, you have the right to make yourself a “party” to the case by “intervening.” This means you want to ask the court to let you be a part of the court proceedings.  A father who is not currently considered a “party” can intervene also.  You can get the forms you need at the courthouse.

 

You can also get the court forms you need to “intervene” at www.mncourts.gov.  Click on Court Forms at the left of the page, then Child Protection from the list that comes up.  Then click on CHIPS Motion to Intervene as a Matter of Right.  All the information and forms you need are there.  Read the instructions carefully!

 

 

WHAT KIND OF COURT CASE CAN CHILD PROTECTION BRING?

There are 2 kinds of court cases started by Child Protection.

  • Dependency, abuse and neglect.  It makes a case plan to reunite child and parent.

 

  • Terminate parental rights.  This means that you lose all rights to your child.  They can be put in foster care permanently or can be adopted by another family.  Usually, Child Protection only files a termination case if a reunification case plan has not worked.

 

In Dependency cases, the custodial parent has a right to a free lawyer.  ICWA cases may differ; see our fact sheet F-7 Indian Child Welfare Act.  In Termination of Parental Rights cases, parents with low incomes have a right to a free lawyer. If you are a father and not offered a lawyer because you are not considered the legal father, you have the right to establish your paternity.  See our fact sheet F-3 Paternity and Child Custody. 

 

The court also names a guardian ad litem for the child.  This person makes a report to the court on what is in the best interests of the child.  A guardian ad litem is NOT the child’s lawyer.  They make a report to the court about what is best for the child.  If age 10 or older, the child has a right to their own court appointed lawyer.  If the child is under 10, no lawyer is appointed unless a private one is found.  Contact Legal Aid.  The county attorney is the lawyer for Child Protection.  Foster parents or relatives who took care of the child temporarily have little or no rights.  See out fact sheet F-8 Guardians Ad Litem.

 

 

 

 

 

WHAT ARE INVOLUNTARY AND VOLUNTARY PLACEMENTS?

There are 2 ways to place a child outside the home:  involuntary (without the parent’s consent) and voluntary.

 

  • The court can order an involuntary placement if it finds abuse or neglect.

 

  • Voluntary placement is the parent’s choice.  Voluntary placements can be used to get county services to help with family problems.  A parent can change their mind about voluntary placement.  But the county can go to court to ask for an involuntary placement if it thinks there is still abuse or neglect.

 

 

WHAT ABOUT MY CHILD’S CULTURE OR RELIGION?

  • If the child must be taken out of the home, they should, whenever possible, be placed with family or in a foster home with an understanding of the child’s ethnic or cultural background. There is no requirement to place children with families of the same ethnic or cultural background.  But a parent can ask for the child to be put in a foster home of the same religion.  The culture standard is different for Indian children.  See our fact sheet F-7 Indian Child Welfare Act.

 

  • If parental rights are terminated and the county places the child for adoption, they should be adopted by family, if possible, or by a family with an understanding of the child’s ethnic or cultural background.  There is no requirement to place children with families of the same ethnic or cultural background.  But a parent can ask for the child to be put in a foster home of the same religion.  The culture standard is different for Indian children.  See our fact sheet F-7 Indian Child Welfare Act.

 

 

 

 

 

 

 

 

To find other Legal Aid Society materials, including any fact sheets mentioned in this document, go to www.lawhelpmn.org/LASMfactsheets.

 

 

 

 

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

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St. Paul, MN 55114

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