CPS Administrative Hearing Lawyers in Tacoma

1. Unfounded (Not Founded)

• Insufficient evidence to support allegation
• Allegation determined to be false
• No administrative finding entered
• Case closed; no record

2. Inconclusive

• Some evidence, but not enough to meet threshold
• Finding not entered (treated as unfounded)
• Case closed

3. Founded (Substantiated)

• Evidence supports allegation (preponderance standard — more likely than not)
• Administrative finding entered into state database
• Becomes part of your permanent record
• Appears on background checks

1. Report Made

Mandatory reporter (teacher, doctor, nurse, etc.) or other person reports suspected abuse or neglect to the CPS hotline.

2. CPS Screens Report

If the report meets criteria, it is assigned to a social worker for investigation.

3. Social Worker Investigates

• Interviews child (often at school, without parent's knowledge or consent)
• Interviews parent(s), household members, witnesses
• Visits home (observes conditions, inspects for hazards)
• Reviews records (medical, school, law enforcement)
• May request drug test, psychological evaluation (voluntary unless court-ordered)

Timeline: 30–90 days (can be extended).

4. Social Worker Makes Determination

Based on investigation findings, the social worker decides: founded, unfounded, or inconclusive.

• No hearing, no trial, no opportunity for parent to present defense
• Decision based solely on social worker's judgment

5. Notice Sent

If founded, DSHS sends a Notice of Founded Finding by mail. The letter states:

• Allegation(s) founded
• Basis for finding
• Right to request administrative hearing (within 90 days)
• Consequences of finding

You have 90 DAYS from date of notice to request a hearing — missing the deadline means the finding becomes final and permanent.

Preponderance of Evidence

The social worker must find it's more likely than not (51%+ probability) that abuse or neglect occurred. This is a low standard — not beyond reasonable doubt (the criminal standard), not even clear and convincing evidence (the court standard for some family law cases).

Evidence CPS Relies On

• Child's statements (to social worker, teacher, doctor)
• Parent's statements (often misinterpreted or taken out of context)
• Witness statements (relatives, neighbors, teachers)
• Photos (injuries, home conditions)
• Medical records (doctor's opinion on injuries)
• Prior CPS history (previous investigations, even if unfounded)

1. Physical Abuse Allegations

Scenario: Child has bruises, welts, or injuries. CPS investigates; parent explains injuries were accidental. CPS finds physical abuse.

DSHS's Evidence: Photos of injuries, doctor's statement ("injuries consistent with abuse"), child's statement (told teacher "Mommy hit me").

Defense Strategy:

• Medical expert (pediatrician: injuries consistent with accident, not abuse)
• Alternative explanations (child prone to bruising, medical condition — brittle bone disease, hemophilia, clotting disorder)
• Child's statement unreliable (young child, suggestive questioning, misunderstood)
• Context (rough play, accidental fall, sibling altercation)

2. Neglect Allegations (Environmental)

Scenario: CPS visits home; finds home messy, cluttered, or unsanitary. Founded finding of neglect.

Defense Strategy:

• Home condition not dangerous (messy, but no health hazards)
• Temporary condition (moving, renovations, illness)
• Poverty, not neglect (can't afford housekeeping, pest control)
• Cultural differences (extended family living together; different standards)
• Child is healthy, clean, well-fed, attending school

3. Supervisory Neglect

Scenario: Child left home alone (or with inappropriate caregiver). CPS founded finding of supervisory neglect.

Defense Strategy:

• Child's age appropriate (12+ can stay alone for short periods per Washington guidance)
• Duration brief (ran to store, emergency situation)
• Child mature and capable (follows rules, knows safety procedures)
• Caregiver was appropriate (older sibling, relative)
• One-time mistake, not pattern

4. Failure to Protect (Domestic Violence)

Scenario: Domestic violence in home; child witnesses violence. CPS finds non-abusing parent failed to protect child (even though victim, not perpetrator).

Defense Strategy:

• Victim left relationship (obtained protection order, moved out)
• Victim couldn't leave safely (abuser threatened, controlled finances, isolated victim)
• Victim sought help (police, DV shelter, therapy)
• One incident, not pattern
• Criminalizing domestic violence victims (failure to hold abuser accountable while penalizing victim)

5. Substance Abuse / Drug-Affected Infant

Scenario: Mother uses drugs during pregnancy; infant born with drugs in system (positive meconium test). Founded finding of neglect.

Defense Strategy:

• Mother sought treatment (enrolled in MAT — medication-assisted treatment; attending NA/AA)
• Mother sober now (months of clean UAs)
• Infant healthy (no developmental delays, thriving)
• One-time relapse vs. chronic addiction
• Lack of prenatal care was barrier (no insurance, lack of transportation), not neglect

6. Medical Neglect

Scenario: Parent delayed seeking medical care or refused treatment. CPS founded finding of medical neglect.

Defense Strategy:

• Parent sought care promptly (delay was reasonable)
• Parent didn't recognize severity (symptoms not alarming at first)
• Financial barriers (no insurance, couldn't afford ER visit)
• Parent's medical decision reasonable (sought alternative treatment, religious beliefs)
• Child recovered fully (delay didn't cause lasting harm)

7. Discipline (Corporal Punishment)

Scenario: Parent used corporal punishment (spanking); left marks. CPS founded finding of physical abuse.

Defense Strategy:

• Discipline was reasonable (not excessive)
• Marks minimal and temporary (redness, no bruising or injury)
• Cultural or religious beliefs (corporal punishment acceptable in parent's culture)
• Parent stopped immediately when learned it's problematic
• Washington law allows reasonable corporal punishment (RCW 9A.16.100)

1. Insufficient Evidence

DSHS's evidence is weak, contradictory, or based on hearsay:

• No corroboration (only child's uncorroborated statement)
• Inconsistent statements (witnesses' stories don't match)
• No medical evidence (injuries not documented)
• Social worker's opinion, not fact

2. Alternative Explanation

Innocent explanation for allegations:

• Injuries from accident, medical condition, or rough play (not abuse)
• Home conditions temporary or not dangerous (not neglect)
• Misunderstanding or miscommunication (child's statement misinterpreted)

3. Improper Investigation

CPS investigation was flawed:

• Investigator biased or prejudiced
• Failed to interview key witnesses
• Ignored exculpatory evidence (evidence supporting parent)
• Violated parent's rights (illegal search, coerced statements)
• Cultural insensitivity (misunderstood cultural practices)

4. False Allegation

Allegation was fabricated or exaggerated:

• Vindictive ex (custody battle, retaliation)
• Child coached or influenced (suggestive questioning, parental alienation)
• Misreporting (mandatory reporter overreacted)

5. Parent Addressed Issue

Problem has been resolved:

• Completed treatment (substance abuse, mental health, anger management)
• Obtained safe housing
• Left abusive relationship
• Child safe now (no ongoing risk)

6. Poverty, Not Neglect

Lack of resources, not lack of care:

• Messy home due to poverty (can't afford housekeeping, repairs)
• Missed medical appointments due to lack of transportation, not refusal
• Inadequate housing due to financial hardship, not neglect

7. Parenting Differences, Not Abuse

Cultural, religious, or parenting style differences:

• Co-sleeping (common in many cultures)
• Extended family living together
• Homeschooling
• Discipline practices (within legal bounds)
• Dietary choices (vegetarian, cultural foods)

Automatic Expungement (Rare)

Some findings are automatically removed after a period of time if there are no new founded findings:

• 5 years (most findings)
• 10 years (severe findings)

But most findings remain indefinitely unless you request removal.

Request for Expungement / Amendment

You can request DSHS remove or modify a finding if:

• Rehabilitation demonstrated (completed treatment, maintained sobriety, parenting classes, no new incidents)
• Time passed (several years since finding; no new concerns)
• Finding was minor (low-level neglect, not abuse)
• Circumstances changed (obtained stable housing, ended abusive relationship, mental health stable)

Process:

• Submit written request to DSHS
• Provide evidence (certificates from classes, clean UAs, employer letters, therapy records)
• DSHS reviews; may conduct investigation
• DSHS approves or denies
• If denied, can request administrative hearing (same OAH process as challenging founded finding)

Factors DSHS Considers for Expungement

• Nature and severity of finding (abuse vs. neglect; severe vs. minor)
• Time since finding (more time = better chance)
• Efforts to rehabilitate (treatment, classes, therapy)
• No new founded findings
• Character references (employer, therapist, community)
• Current circumstances (stable housing, employment, sobriety)

Timeline: Process takes months (3–12 months).

DSHS Background Check Clearance

For jobs requiring DSHS clearance (childcare, nursing homes, foster care), DSHS can grant a character, competence, and suitability waiver.

Requirements:

• No disqualifying crimes (child abuse, violent felonies)
• Founded finding doesn't involve current employer/client population
• Demonstrated rehabilitation
• Employer supports waiver request
• DSHS determines you don't pose risk

Process:

• Employer submits waiver request on your behalf
• You provide evidence (treatment records, clean UAs, letters of recommendation)
• DSHS reviews; may interview you
• DSHS approves or denies (several weeks to months)

Not guaranteed — DSHS has discretion.

Professional Licensing Board Waivers

If a professional license is denied or suspended due to a founded finding, the licensing board may grant a waiver or reinstatement if:

• Time passed
• Rehabilitation demonstrated
• Finding not related to professional competence
• Mitigating circumstances

Each licensing board has its own rules (Nursing Commission, OSPI for teachers, etc.). We help clients navigate licensing board proceedings.

Outcomes Can Differ

Possible scenario:

• Dependency case dismissed (court finds no abuse/neglect)
• But founded finding remains (administrative determination is separate)
• Result: You won in court, but the founded finding still sits on your record and still affects employment.

Or reverse: dependency case results in removal, but the founded finding is overturned at administrative hearing (ALJ finds insufficient evidence).

We represent clients in BOTH proceedings — dependency court and administrative hearings.

1. Refuse to Cooperate

• Don't let CPS in home (unless they have a warrant)
• Don't answer questions
• Don't sign releases

Risk: CPS may file a dependency petition (court case) or enter a founded finding based on refusal to cooperate.

2. Provide Evidence Supporting Your Position

• Give CPS documents (medical records showing accident, therapy records showing progress)
• Identify witnesses (relatives, teachers who can vouch for you)
• Explain circumstances (cultural practices, poverty, misunderstanding)

Risk: Anything you say can be used against you.

3. Request Supervisor Review

If the social worker is biased or unprofessional, request that a supervisor review the investigation.

4. Attorney Representation During Investigation

• Attorney can communicate with CPS on your behalf
• Provide evidence while protecting your rights
• Negotiate resolution (safety plan, voluntary services) to avoid a founded finding