This situation occurs more often than many people realize. To clarify, Child Protective Services (CPS) does not remove children from their homes simply because a parent is a victim of domestic violence. Rather, CPS intervenes when children have likely been exposed to domestic violence in some way. Such exposure can be emotionally, and possibly physically, traumatic. CPS’s primary goal is to protect children from these harmful effects.
A parent who is a victim of domestic violence but remains with the perpetrator places their children at risk of being exposed to the violence. This exposure may happen directly, through physical abuse of the children, or indirectly, by the children witnessing the abuse of another person. The failure to protect children from exposure to violence is often the reason CPS may remove children from a parent who is a domestic violence victim.
When CPS removes children, a case is opened in the dependency court. The purpose of dependency court is not to punish parents; any punishment for wrongdoing would occur through the criminal court. Instead, the goal of dependency court is to protect children from abuse and neglect. While the removal of a child may feel punitive to the parent, the sole concern of the Department of Children and Family Services (DCFS) is whether the child is safe from abuse or neglect. If the child is safe, the case may be transferred to another court.
Sometimes, parents find themselves in situations beyond their control, but this does not excuse allowing a child to be exposed to domestic violence. If you are a parent and a victim of domestic violence, your first priority should be ensuring the safety of your children. After that, you should seek an order of protection to prevent future abuse. It is also crucial to end your relationship with the abuser and ensure your children are not exposed to any further abuse. This may require going to court to obtain a domestic violence restraining order, which can include custody orders.
If you have an open dependency case, it is essential to fully engage with the services provided to you in order to regain custody of your children. It is also important to have legal representation throughout this process, as every parent has the right to appointed counsel in dependency cases.
