CPS and FOC
Child Protective Services and the FOC
Parents often get confused about what to do when Child Protective Services (CPS) workers give advice that contradicts a court order. CPS is the agency responsible for investigating alleged neglect or abuse of a child. They can take appropriate action to protect any child they believe is at risk of physical, psychological, or emotional harm. The FOC is a part of the Circuit Court and has the responsibility of enforcing court orders with regard to custody, parenting time, and support.
FAQs regarding CPS and FOC
Q. If I make a complaint to CPS and they are investigating, will the FOC allow me to deny parenting time?
A. No. When CPS becomes involved, they sometimes request that a parent forgo parenting time while they are investigating the complaint. A parent may agree to forego parenting time or may choose to deny the CPS request. However, when there is a court order for parenting time, FOC staff, regardless of the circumstances, cannot give a party permission to disobey a court order. Parents will be responsible for their own actions and may face consequences for violating a court order.
Q. If I cooperate with CPS and agree to give up parenting time, will FOC help me to get make-up parenting time?
A. No. If you agree to forgo your parenting time, the FROC will not assist with make-up parenting time. Absent any agreement with the other parent, your actions will be viewed as a voluntarily forfeiture of parenting time.
Q. If CPS finds that neglect or abuse has occurred, will FOC change the custody and/or parenting time order?
A. No, regardless of what CPS finds, the FOC will not change your order on its own. You must file a motion to change the order and you must be prepared to present evidence to support your motion. This may require you to subpoena the CPS worker to testify at a hearing.