Child Protective Services Investigations

Physical abuse means the non-accidental infliction of physical injury or physical mistreatment of a child. Such actions include: throwing, kicking, burning, or cutting a child; striking with a closed fist; shaking a child under three; interfering with a child's breathing; threatening a child with a deadly weapon; or doing any other act which causes bodily harm. (The law does allow parents and guardians to physically discipline their children, but the discipline must be for the purposes of disciplining or correcting the child and cannot cause greater than transient pain or minor temporary marks or be injurious to a child's health, safety or welfare.)

Sexual abuse means committing or allowing someone else to commit: the intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child, or allowing, permitting, compelling, encouraging, aiding or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child or a third party.

Sexual exploitation includes, but is not limited to, such actions as: allowing, permitting, compelling, encouraging, aiding or otherwise causing a child to engage in prostitution; sexually explicit, obscene or pornographic activity to be photographed, filmed, or electronically reproduced or transmitted; sexually explicit, obscene or pornographic activity as part of a live performance or for the sexual gratification of another person. RCW 13.34; 26.44 ; WAC 388-15-009.

Neglect means committing an act or failing to act when a child is in harms way. This can be the cumulative effects of a pattern of conduct, behavior or inaction, on the part of a child's parent, legal custodian, guardian or caregiver that shows a serious disregard for the consequences to the child of such magnitude that it creates a clear and present danger to the child's health, safety or welfare. A child does not have to suffer actual damage or physical or emotional harm to be neglected. Negligent treatment includes, but is not limited to: failure to provide food, clothing, shelter, supervision and/or health care necessary for a child's health, safety or welfare; actions or a failure to act that results in or creates a substantial risk of injury to the physical, emotional or cognitive development of a child. WAC 388-15-009; RCW 26.44

If CPS management staff changes the founded CPS finding, CPS notifies the alleged perpetrator that the department has changed the finding to either inconclusive or unfounded. CPS management staff or their designee must correct the department's records to show the changed finding. WAC 388-15-101.

If CPS management staff does not change the founded CPS finding, the alleged perpetrator has the right to further challenge that finding by requesting an administrative hearing. The office of administrative hearings must receive the written request for a hearing within thirty days from the date that the person requesting the hearing receives the CPS management review decision. WAC 388-15-105.

The ALJ will review the record of the case and apply a "preponderance of the evidence" standard at the hearing to determine whether the alleged perpetrator committed an act of abuse or neglect of a child. If the ALJ determines that a preponderance of the evidence in the hearing record supports the founded CPS finding, the ALJ must uphold the finding. If the ALJ determines that the founded CPS finding is not supported by a preponderance of the evidence in the hearing record, the ALJ must remand the matter to the department for a change of the finding consistent with the ruling of the ALJ. WAC 388-15-129.

If the appellant or the department disagrees with the ALJ's decision, either party may challenge this decision according to the procedures contained in chapter 34.05 RCW and chapter 388-02 WAC. WAC 388-15-135.