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Child Welfare Systems

5WAVES are not an attorneys and this is not legal advice. Please visit Finding a Lawyer for assistance.

Child welfare departments become involved when sibling sexual behavior that causes concern is reported and the child who was harmed is still a minor. The actual agency’s name varies depending on where you live. This system is unfamiliar to most families. In ideal circumstances, they can be a source of help and support. In the worst case, they can make mistakes in judgment that have tragic consequences.

Child welfare systems can go by many names, here are a few:

  • Child Protective Services (CPS)

  • Dept of Human Services (DHS)

  • Dept of Children & Families (DCF)

  • Dept of Social Services (DSS)

  • Social Services

Basic Child Welfare Procedures

How do child welfare systems get involved?

Child welfare investigates when suspected abuse is reported to a child abuse hotline or to law enforcement.  

 

What do they do?

Child welfare staff have two main jobs: 

1) to decide if the abuse that was reported actually took place 

2) to make sure that any children who were previously harmed are kept safe  

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What usually happens? (Note: Exact processes vary with each location, department, and case.)

  • After they receive a report, child welfare social workers have to make contact with the family within a specific time period; for example, 48 hours.

  • They talk to children and parents, separately.

  • They visit the child’s home.

  • They might help set up, and/or attend a child's forensic interview.

  • If they feel it is needed, they set up an initial safety plan. Sometimes this is a written and signed agreement of household rules and supervision. Sometimes it is a requirement for parents to find a separate place for the child who caused harm to live.

  • They, and/or law enforcement, may require that the child who was harmed and the one who is suspected to have harmed them have no contact or communication. 

  • After the investigation is done, they file an official report, which includes their recommendations for the level of services and supervision for the family going forward. They must complete this within a specified time; 1-2 months is common.

 

Do they work with law enforcement?  How are they different?

The job of law enforcement is to collect evidence to determine if a crime was committed.  They work under criminal law.  The job of child welfare is to make sure children are safe from future abuse. They work under administrative law (US). Staff from both agencies often work together during an investigation. For example, a social worker and police officer may both be present during home visits and interviews with parents and children. They may be allowed to share information with each other. In the UK, both agencies cooperate on investigations. (See: Joint Protocol, UK) 

 

Can they take children from the home?

If child welfare staff feel that the family cannot keep a child who has been harmed safe in a home together with the one who harmed them, they can require the family to sign a no-contact agreement, and/or place the offending child in another household or care setting. If a child has to leave the home, it should be the offending child. No one wants a child to feel they are being punished for reporting or for having their trauma become known. (See: Sibling Separation)

 

If child protection staff feel that parents are not taking sufficient steps to keep a child safe, they have the authority to remove that child from the home. This should be, and usually is, a last resort.​

US: If your child is a member of an Indigenous Tribe or eligible to become a member of a Tribe, then child welfare must comply with the Indian Child Welfare Act (ICWA), which affects parents' rights.​ For more information:

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Your Rights as a Parent Under the Indian Child Welfare Act (does not imply endorsement of the law firm hosting this blog)

 

National Indian Child Welfare Association:

About ICWA

A Family's Guide: Answers to Your Questions About ICWA​

Suggestions for Dealing with Child Welfare Services

Advice gleaned from lived experience of families facing sibling sexual abuse or trauma:

  • Be polite and keep your cool

  • Answer questions honestly and briefly

  • Don't overshare or offer additional information

  • Take notes on all conversations

  • Document anything you do to protect or help your children (safety measures, efforts to find and provide therapy, etc)

  • Request a copy of reports, summaries, or notes

  • Keep a healthy skepticism of any promises made in the context of questioning or investigation

    Cautions and Contexts:

  • Almost everywhere, child welfare workers have a large caseload and limited time to spend on each case

  • The level of support and training for each worker varies greatly

  • Many child welfare social workers have little or no training specific to sibling sexual behavior or abuse

  • Different agencies, supervisors, or staff may apply the same laws in very different ways; they are allowed to use their judgment

  • In the context of sibling sexual abuse investigations, some social workers are critical of parents who show concern for the child who caused harm; others are critical of parents who do not show concerns for the child who caused harm. Some are skeptical of parents who show a lot of emotion; others are skeptical of those who show too little emotion. 

  • Child welfare workers' job is to focus on the child who has been harmed; your job is to show them that you believe that child's report and are willing and able to keep all children safe.

Stop It Now! is a safe space to contact confidentially about your questions or concerns about dealing with child welfare, and receive information, guidance or referrals, specific to your nation:

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US: 

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UK: 

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AU: 

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US Teens: 

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UK Young People: 

Other FAQ's

What happens after the investigation?

Your child welfare worker's report will include their decision of whether they found enough evidence to conclude, or substantiate, that your child was abused. They will use your country's or state’s legal definition of abuse as a standard. In most places, they only need enough evidence to show that abuse was more likely than not--a lower standard of proof than needed in criminal court. In some US states there is a middle ground; the agency can report that they have enough concern to stay involved and monitor the family, without a firm determination of abuse.

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If child welfare determines that abuse did happen, they will also report on whether your family can keep the child safe on your own, can keep the child safe with their supervision and support, or whether the child needs to be cared for outside the home. If child welfare remains involved, parents may be required to sign a contract to allow and cooperate with their plan. The case may then be transferred from their investigation department to their support department, and you may be assigned a new social worker. They can also recommend or require a child to be placed in foster care or other out-of-home care, in which case courts may become involved.

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What do I do if they close the case or don't determine there was abuse, but I still think my child is in danger?

You can still contact a Child Advocacy Center or local sexual assault crisis center and request services for both/all of your children. If you see any further signs of abuse, or if your child tells you new information, you can make another report. 

 

What do I do if I think they are making the wrong decisions for our family, if I don’t want to sign the agreement, or if I think the report is inaccurate?  

You can start by asking to speak to your social worker’s supervisor. You can ask if there is an appeal process available.  If these steps don’t help and you don’t voluntarily follow the course of action they recommend, the child welfare agency could bring the case to court. This would result in a judge’s rulings controlling your family’s future. It may be best to contact a lawyer familiar with family and administrative law before making a decision about how to proceed. 

You are not alone!

It is absolutely normal to feel fear, shock, shame, humiliation, anger, or anything else, in response to being investigated by child welfare systems. Peer support from other parents who have been through this can be very helpful. 5WAVES hosts these two private online parent support groups; click an icon to request to join: 

For more information:

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