When a report of suspected child abuse or neglect is made by a medical professional, it does NOT mean a crime has been proven. It means a process begins. Never lose sight of this.

The most important advice if you find yourself about to walk through the next steps of an investigation is to record everything and start collecting as many files as you can from the accusing healthcare facility. It is now on YOU to start building your own case.

This is also where you lawyer up.

Here’s what typically happens next:

1) The report is reviewed: This is often done by CPS (child protective services) or a similar agency first. Sometimes the police are included at this stage, as well.

The point is to check the validity of the report made and if it meets the legal definition of abuse or neglect.

Because the report is coming from a hospital, many CPS and police are not qualified to determine whether the medical claim is correct, so it is rare for a report to be closed at this stage before further investigation. Again, record every step of these interactions.

2) If it is accepted, an investigation begins: A caseworker may:

• Contact family or others close to the family

• Visit the home

• Interview parents, caregivers, or children if they can speak for themselves

• Request additional records from outside medical facilities and the child’s school or daycare

The goal at this stage SHOULD be to determine if the child is safe in their home. Often, however, because a medical professional is making the claim, this is where the true investigation stops, which is why it’s imperative that you start conducting your own investigation and why you need a lawyer.

3) If law enforcement isn’t involved yet, it’s probably coming soon: If you haven’t lawyered up yet, now is the time. DO NOT talk to anyone from here without a lawyer present. No lawyer, no talking.

4) A temporary safety plan may be made: If the agency believes a child is in immediate danger, they might:

• Create a “safety plan”

• Ask for temporary placement with relatives

• Remove the child while a court reviews the situation.

Most states require a safety plan to be in place before any additional action is taken. If you are not given a safety plan to agree to, you probably do not have to do what is being asked of you, but this is why you must have a lawyer to consult.

5) A court may become involved: If CPS believes abuse has occurred, they may file a case in a lower court, like family court. It might have a different name depending on your location. It is then up to a judge to decide:

• Whether the child can go home

• Whether services are required

• Whether the case should stay open or be closed

Because medical opinions often heavily influence outcomes, a doctor’s opinion holds the most weight, and you should prepare for the children to be removed from one or both parents at this stage. It’s most important that you remember that a doctor’s opinion is an opinion only and doesn’t make the claim correct.

If your legal team hasn’t started working to get a second opinion on the accusation yet, now is the time to start.

6) Cases can end in many ways: A case may:

• Close with no findings

• Close after services are complete

• Remain open under court supervision

• Or, lead to long-term separation

If you find yourself going through this right now and you’ve made it to the end of this list without contacting a lawyer, contact a lawyer before you do anything else.

Most important to know:

• Protect yourself and your family first and foremost

• Ask questions and record the response

• Slow the process any way you can

• Get legal advice immediately

• You can always say no to something you don’t understand

If you find yourself being wrongfully accused of child abuse, it’s important that you hold onto these truths:

• A report is not proof of abuse

• You have the right to an attorney immediately

• You can seek a second medical opinions and you should immediately

• You can and should document everything!

• You can ask for an advocate or support person at any time.

Things you can always say:

• I do not agree with that interpretation

• I want a second medical opinion from an outside medical facility of my choosing

• I want an attorney before answering anything

• Please put that in writing

• I would like a copy of that document

• I am invoking my right to remain silent

If you’ve made it this far and you still haven’t lawyered up, right now is the time to do so. Do not talk to anyone else until you have a lawyer present.

When searching for a lawyer, it’s best to find someone who has seen a medical case like this before. Many lawyers do not know the first thing about fighting a case like this, and a lot of lawyers, unfortunately, believe the medical accusation. Even as lawyers, it’s hard to fight an internal bias and propaganda.

Not always, but often, parents stand a better chance of finding a lawyer who will actually fight for them by looking into defense attorneys or taking a court-appointed attorney, if applicable.

Family court is a conveyor belt, and family court lawyers often play by those rules instead of fighting to get their clients off the conveyor belt quickly.

When you are reported for suspected child abuse or neglect, it’s easy to become frozen with fear, confusion, and desperation to cooperate because you know you’re innocent, and if you don’t cooperate, they will think you’re guilty.

This is a completely normal response, but the reality is, if a medical professional is accusing you of abuse or neglect, they probably already think you’re guilty, so it’s best to be on the defensive early.

CAPs (Child Abuse Pediatricians) are essentially hospital cops. If you are being accused by someone who calls themselves a CAP, you are already assumed to be guilty, and they are using every single thing you say and do against you moving forward.

Some words and signatures can be misunderstood and used against you later.

• Do not guess or speculate about what might have happened. Saying, “Maybe I dropped them?” or “Could I have done something?” can and will be recorded as an admission of guilt.

• Do not agree with conclusions you do not understand. Instead, say that you do not understand their conclusion and would like a second opinion from an expert outside of their facility.

• Do not assume professionals are ever neutral. CAPs, caseworkers, and police have one goal, and that’s to get a confession. They may act very friendly, but it is their job to get you to drop your guard and gather evidence, not protect you or your family.

• Do not speak without support or a lawyer, especially if you are feeling overwhelmed. You can always say, “I need time to speak with an attorney before answering questions.”

• Never sign anything you do not fully understand. Especially if it’s a:

  • Safety plan

  • voluntary placement agreement

  • Medical consent forms that expand access

  • Statements summarizing your words

• Never sign anything under pressure. If you are told, “This is just a formality” or “This helps you,” you can say, “I need time to review this with my lawyer before signing.”

• Do not ever assume “voluntary” means harmless. Some voluntary agreements still:

  • Limit your rights

  • Affect the custody of your children

  • Are used against you in court later