Homeschoolers Worrying About Child Protective Services (CPS)

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In 1965, child abuse policies changed, requiring documentation of all suspected child abuse in all 50 states. Anyone considered a child advocate or mental health professional is now legally obliged to report any suspected abuse, even if it is false. Due to the rise in the reports, homeschoolers have seen watchful eyes determining the safety of youth.

Because mandatory reporters determine abuse and neglect, homeschoolers worry that they will get a call from Child Protective Services (CPS) or that their children will get spontaneous evaluations.

Only children experiencing extreme abuse and neglect can benefit from CPS. You should not worry too much if you are a loving and supportive homeschooling parent, as this protocol is for children experiencing danger.

This post will list potential mandatory reporters of child abuse and examine the reasons homeschoolers worry about CPS. There is a specific reporting protocol for mental health professionals when they have determined potential abuse. Typically, the examination holds the same pattern for most states but diverges when suspected abuse is identified, requiring the involvement of different professionals.

Why Homeschoolers Worry About CPS

I am not a lawyer.

You may have heard that homeschoolers do crazy and wild things like let young children roam free in a public park or practice playing tennis with another stranger. Like any other parent, homeschoolers have the right to assess the safety of their children.

Homeschoolers may worry about CPS because homeschooling is relatively unregulated and has a few stigmas. Some believe that homeschooled children are abused and neglected, causing mental health professionals and child advocates to watch very closely.

Because of more modern homeschooling approaches like unschooling, homeschoolers are free to make independent choices. The relaxed nature of this style causes some child advocates to keep a close eye on families as there has been reported abuse in the past.

While many parents who choose to homeschool clearly have the best intentions, there are still many reported abuse cases in families who “homeschool” their children. It may be hard for those who homeschool and are not abusive to understand that some families are manipulative and hurtful.

Homeschool Neglect and Abuse

Sadly, many abusive adults have used “homeschooling” to harm children. There have been close to 200 deaths due to abuse in homeschool since the year 1986. Although this number is relatively low, there are still many other reported cases of abuse in homeschooling, causing many professionals to demand more regulation for the safety of abused children.

According to Barbara Knox, a pediatrician studying child abuse at the University of Wisconsin, abusive parents are intrigued by “homeschooling” to distance their children from child advocates. Because more mandatory reporters do not surround them –nurses, teachers, administrators, and counselors– those kids are at greater risk of abuse.

Knox’s 2014 study found that 50% of abuse cases involved parents who intentionally withdrew their children from school or never enrolled them in public school but consider themselves “homeschoolers.” Now, mandatory reporters must legally report any suspected child abuse case, even if it is false.

Unfortunately, because of the documentation of abuse and neglect, safe and responsible homeschoolers must be aware that some families may not treat children the same way. Some children are physically and sexually abused, abandoned, exploited, and lack appropriate resources.

CPS Coming to People’s Homes

Some homeschooling parents truly worry about mental health professionals calling CPS and the potential burden if CPS decides to come to their house. Many parents wonder, “ Can a mental health professional call CPS on me?” or “Will CPS take my kids from me?” It can be scary for parents who are not hurting their children to consider this reality.

Loving parents don’t want to think of CPS calling, interrogating, and interviewing their children, especially if they are nurturing and encouraging. While it can be a bother, it is unlikely that CPS will determine abusive patterns if you don’t hurt your children. They may call or show up at your house, but it is highly unusual if you get reported for a harmless act. Your child walking around with no shoes on, for example.

More reasons homeschoolers worry about CPS

Mental health professionals follow homeschoolers around parks.
Parents don’t want to be inconvenienced by CPS.
Homeschoolers fear their kids will get taken away.
People feel annoyed when CPS comes to their house.
Neglectful parents want to distance themselves from social workers.

Should You Be Concerned About CPS?

Sometimes, parents fear being judged for their parenting choices and don’t want to be inconvenienced by the CPS process. Many parents are active and engaged in their children’s lives and care about their health and wellbeing. That being said, CPS still has to report anything they consider abuse for children’s safety.

There is likely nothing to worry about if you are an active, supportive, and loving homeschooling parent. Some organizations confirm that while most homeschool families aren’t abusive, the children who are, need immediate help and attention.

Neglectful or abusive parents use homeschooling to isolate and harm children, which many homeschooling parents must consider. Parents who are lackadaisical, inactive, or hurtful to children are the primary reason child advocates report potential abuse patterns.

Mandatory Reporters for Child Abuse and Neglect

You may have heard the term mandatory reporter and wondered the meaning. Typically, anyone in the medical field or social services is considered a mandatory reporter. Mandatory reporters are required to document any suspected child abuse.

Mandatory reporters must report the facts that led them to determine the abuse or neglect. Their role in families’ lives is to advocate for the child’s safety, health, and well-being. Mental health professionals are trained to prevent and intervene when necessary and sometimes to assist in evaluating and treating the child. Reporters may also testify in court when needed.

Mandatory Reporters for Child Abuse

Doctors
Lawyers
Counselors
Therapists
Social Workers
Nurses

Dentists
Psychologists
DSHS Employees
Teachers
Law Enforcement
Medical Examiners

CPS Protocol

Because there are different types of abuse, the CPS process may be different for each documented case. Children experiencing different kinds of abuse will likely see an examiner trained for their specific needs.

According to Good Therapy, there are several different ways that CPS can process a potential child abuse case. There are many different ways that a case could be pursued, but this is the general outline.

Mandatory reporters make a complaint: Someone may witness a harmful act and report it to CPS. A doctor, childcare worker, or counselor might believe abuse is happening. Legally, they must report suspected abuse, even if it is false. They call and report the facts to document what was seen or heard.

CPS decides which to investigate: CPS gets many calls about potential abusive situations. Their job is to decide which to continue, as many are false and get “screened out.” You are likely just fine if you believe you are reported and have nothing to worry about. You may have been reported for a harmless act, like a child walking alone in a grocery store. Reports are dropped when there is no evidence of abuse or inadequate information. There may be family members who are intentionally harming children. In that case, CPS will investigate as needed.

CPS investigates abuse: When a case shows abuse, CPS must act within 24 to 48 hours and sometimes up to 5 days. They will collect more information to decide whether a more intense intervention is necessary. If CPS has determined abuse, they will create an action plan to prepare for future documentation and potential child removal. This may require contacting various other professionals in related fields while examining the information. They will take their time deciding how to begin this process if the child isn’t in immediate danger.

CPS will determine a practical way to intervene: Once more resources are found, CPS will notify the proper authorities (police, medical examiners, etc.) and obtain contacts for future investigation. They will decide the best way to interview the child and create a plan for their safety. They may take the child to a facility, another trusted caregiver, or a foster home. In some cases, parents must get help and attention for personal problems –therapy, rehab, support– before the child is allowed in their care.

Court involvement: Sometimes, CPS does find evidence of abuse and neglect. The next step is to get the courts to take action. In more severe cases, the court must decide the parent’s role in the child’s life. They may create future plans for responsible care or consider a trial. Participants may be people who have investigated the case.

CPS closes the case: If there is no evidence of maltreatment, CPS may close the case due to lack of evidence. They typically have 90 days to investigate a claim to determine potential abusers. CPS sends out letters saying the case has closed.

Important Facts About CPS

CPS must act within 24 to 48 hours of the report.
CPS has 90 days to investigate a claim.
CPS gets tons of calls.
Some reports are false; CPS is still legally required to report suspected abuse.
Parents have rights during the investigation.
State regulations do vary slightly.
When children are in grave danger, CPS must act within 24 hours.

What CPS Can and Cannot Do

Child protective services (CPS) is legally required to investigate any reported child abuse or neglect. If a child is in danger, they must act within 24 hours. If there is no cause for concern, they have up to 90 days to continue the investigation.

It is good to understand what CPS can and can’t do during an investigation. Some people find it helpful to stay quiet until an attorney is present, while others think there is nothing to worry about. Regardless of the situation, some things, like not allowing anyone to enter your home without a court order, may benefit you.

This website lists things CPS may and may not be able to do. Please visit their website for detailed information about each and additional resources for legal help.

CPS can:

Ask a lot of questions.
Interview children without permission.
Come to your home without notice.
Investigate false reports.
Connect parents with the help and resources they need.
Have a thorough investigation.
Require a follow-up plan.
Legally take children from home.

CPS cannot:

Come into your home without a court order or your permission.
Test for drugs with no consent.

Parental rights:

You may understand the accusations against you.
You have the right to refuse entry into your home. (unless they have a court order)
You do not have to answer questions.
You may request an interpreter.
You can seek legal counsel.
You are allowed to attend the court hearings.
You may request the placement of the child.

Final Thoughts

Even though it is a scary thought, mental health professionals must report suspected abuse, even if it is harmless. Due to abuse and manipulation in homeschooling settings, professionals are trying to regulate homeschooling more to protect those impacted by brainwashing or abusive patterns. Kind and supportive homeschooling parents may get reported –which is tough– but CPS receives tons of calls. It is unlikely that anything serious will happen if you are not harming your child. You may get a phone call or a visit from a case worker.