Acceptable for CPS Investigation
CPS investigates reports of abuse or neglect only when:
- the victim is a child who is not a foster or pre-consummated adoptive child; and
- the child is abused by a member of the child's family or household.
If the two criteria above are met, CPS retains responsibility for investigating, even if:
- the victim is a child in kinship care;
- the alleged perpetrator is a foster or pre-consummated adoptive parent, or
- the alleged perpetrator is a foster or pre-consummated adoptive child, 10 years old or older.
Not Acceptable for CPS Investigation
CPS does not investigate a report of abuse or neglect when the victim:
- is a foster or pre-consummated adoptive child; or
- the child is abused by someone who is not a member of the child's family or household.
| Scenario | Example |
|---|---|
| A foster or pre-consummated adoptive parent living in the foster or adoption home abuses a minor who is a relative and is not a foster or pre-consummated adoptive child. | A foster or pre-consummated adoptive father abuses his birth daughter. |
An adult who is living in the home of a foster or pre-consummated adoptive parent, but is not the foster or pre-consummated adoptive parent: • abuses a child who is not a foster or pre-consummated adoptive child; and • commits the abuse in the home. | A brother of the foster or pre-consummated adoptive father abuses the foster or pre-consummated adoptive father's birth daughter. |
An adult who is living in the home of a foster or pre-consummated adoptive parent, but is not the foster or pre-consummated adoptive parent: • abuses a child who is related to the adult (the alleged perpetrator), and who is not a foster or pre-consummated adopted child; and • commits the abuse outside the home. | A brother of the foster or pre-consummated adoptive father abuses the foster or pre-consummated adoptive parents’ birth daughter and the abuse occurs during an outing at the park. |
| A foster or pre-consummated adoptive parent who is related to a foster or pre-consummated adopted child abuses that foster or pre-consummated adoptive child. | An adult becomes the foster or pre-consummated adoptive parent of his or her niece and abuses the niece. |
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