How Long Does a CPS Case Stay on Your Record?
For individuals wondering how long a CPS case remains on file, a CPS case will not appear on an individual’s record unless criminal charges were filed due to the findings of the case.
Written by Background Check Repair
Criminal Records | April 30, 2024
Table of Contents
By examining the CPS case statistics & child abuse facts, as well as recent studies on abuse and neglect, families can have a better idea of what behaviors and relationships could be seen as risk factors when looking for signs of abuse and neglect.
Despite improvement in awareness and social programs abuse, and neglect are still extremely common in the United States.
These are the most recent CPS case statistics and child abuse facts.
Child protective services gather and report much of their own data to various government agencies. The data that CPS is able to gather is most often related directly to foster care such as how many children enter foster care each year, the most common reasons children enter foster care, and the length that these children remain in foster care.
Although things like child abuse records checks, as well as a teaching and a daycare records check, have helped lower the amount of abuse there are still tons of issues that need to be addressed.
When it comes to how many allegations of maltreatment were reported and investigated, CPS case statistics estimate that around 4.4 million reports of maltreatment were made and investigated by CPS caseworkers in 2019. The vast majority of these reports were made by individuals who are considered mandatory reporters.2
Although most of these reports determined that there was no evidence of abuse or neglect, many of the children that were victims of abuse and neglect entered foster care, at least for a short period of time.
The number of children in foster care by state can be seen below.
State | Estimated Number of Children in Foster Care |
Alabama | 5,600 |
Alaska | 2,700 |
Arizona | 13,000 |
Arkansas | 4,200 |
California | 49,750 |
Colorado | 5,300 |
Connecticut | 4,000 |
Delaware | 600 |
Florida | 23,500 |
Georgia | 13,700 |
Hawaii | 1,600 |
Idaho | 1,700 |
Illinois | 16,300 |
Indiana | 18,000 |
Iowa | 6,000 |
Kansas | 7,800 |
Kentucky | 9,100 |
Louisiana | 4,500 |
Maine | 1,800 |
Maryland | 3,900 |
Massachusetts | 10,400 |
Michigan | 12,000 |
Minnesota | 8,969 |
Mississippi | 4,600 |
Missouri | 12,400 |
Montana | 3,900 |
Nebraska | 3,400 |
Nevada | 4,500 |
New Hampshire | 1,300 |
New Jersey | 5,400 |
New Mexico | 2,500 |
New York | 15,700 |
North Carolina | 10,100 |
North Dakota | 1,500 |
Ohio | 15,000 |
Oklahoma | 8,500 |
Oregon | 7,000 |
Pennsylvania | 16,000 |
Rhode Island | 2,000 |
South Carolina | 4,300 |
South Dakota | 1,500 |
Tennessee | 7,700 |
Texas | 32,600 |
Utah | 2,500 |
Vermont | 1,200 |
Virginia | 4,800 |
Washington | 11,200 |
West Virginia | 7,000 |
Wisconsin | 7,700 |
Wyoming | 1,000 |
Although it is interesting to see the total number of foster children in each state, it is also important to know the rate of children in foster care in each state so that problems with child welfare systems can be more directly addressed.
Below is the rate of children in foster care by state arranged from lowest to highest.
State | Foster Care Percentage per 1,000 Children |
New Jersey | 1.6 |
Maryland | 1.6 |
Delaware | 1.6 |
Virginia | 1.6 |
New York | 1.8 |
Utah | 2.0 |
Illinois | 2.1 |
North Carolina | 2.1 |
Texas | 2.4 |
Louisiana | 2.4 |
Georgia | 2.5 |
Michigan | 2.7 |
Connecticut | 2.8 |
Idaho | 3.0 |
New Mexico | 3.1 |
California | 3.1 |
Washington | 3.2 |
New Hampshire | 3.3 |
Mississippi | 3.4 |
Colorado | 3.4 |
South Carolina | 3.5 |
Pennsylvania | 3.5 |
Wisconsin | 3.6 |
Alabama | 3.6 |
Florida | 3.6 |
Oregon | 3.7 |
Massachusetts | 3.8 |
Hawaii | 3.9 |
Arkansas | 3.9 |
Tennessee | 4.0 |
Minnesota | 4.1 |
Nebraska | 4.1 |
Nevada | 4.1 |
Oklahoma | 4.1 |
Ohio | 4.2 |
Maine | 5.0 |
Missouri | 5.0 |
Iowa | 5.1 |
Rhode Island | 5.3 |
North Dakota | 5.8 |
South Dakota | 5.8 |
Indiana | 6.0 |
Arizona | 6.0 |
Kansas | 6.1 |
Vermont | 6.5 |
Kentucky | 6.8 |
Wyoming | 8.0 |
Alaska | 8.5 |
Montana | 9.5 |
West Virginia | 14.0 |
It is a bit of a misconception that when children enter foster care they are likely to stay there for years. Aside from this, CPS case statistics show that many of the children in foster care are returned to their parents within a year of being separated.
The below data also shows the vast difference in the number of children returned to their parents in different states.
Although states like South Carolina have a very good track record of returning children to their original parents, other states such as Illinois return less than half of children in foster care to their parents within a year.
State | 2017 (%) | 2018 (%) | 2019 (%) |
Alabama | 72 | 69 | 68 |
Alaska | 50 | 48 | 47 |
Arizona | 64 | 63 | 67 |
Arkansas | 75 | 70 | 71 |
California | 64 | 63 | 63 |
Colorado | 82 | 83 | 80 |
Connecticut | 60 | 60 | 57 |
Delaware | 66 | 73 | 63 |
Florida | 68 | 67 | 63 |
Georgia | 59 | 58 | 53 |
Hawaii | 71 | 76 | 76 |
Idaho | 74 | 73 | 73 |
Illinois | 28 | 32 | 36 |
Indiana | 60 | 57 | 54 |
Iowa | 56 | 53 | 49 |
Kansas | 59 | 55 | 54 |
Kentucky | 80 | 82 | 78 |
Louisiana | 72 | 76 | 70 |
Maine | 43 | 63 | 62 |
Maryland | 65 | 60 | 51 |
Massachusetts | 64 | 63 | 60 |
Michigan | 45 | 46 | 40 |
Minnesota | 74 | 74 | 71 |
Mississippi | 60 | 49 | 55 |
Missouri | 55 | 51 | 52 |
Montana | 59 | 56 | 62 |
Nebraska | 52 | 47 | 51 |
Nevada | 74 | 73 | 72 |
New Hampshire | 62 | 72 | 69 |
New Jersey | 66 | 71 | 64 |
New Mexico | 77 | 75 | 70 |
New York | 61 | 61 | 60 |
North Carolina | 54 | 48 | 48 |
North Dakota | 71 | 75 | 70 |
Ohio | 69 | 68 | 64 |
Oklahoma | 38 | 40 | 39 |
Oregon | 53 | 53 | 47 |
Pennsylvania | 72 | 72 | 69 |
Rhode Island | 69 | 65 | 54 |
South Carolina | 81 | 83 | 83 |
South Dakota | 70 | 70 | 75 |
Tennessee | 74 | 76 | 70 |
Texas | 51 | 52 | 49 |
Utah | 70 | 64 | 64 |
Vermont | 65 | 71 | 63 |
Virginia | 60 | 63 | 60 |
Washington | 55 | 55 | 53 |
West Virginia | 68 | 68 | 62 |
Wisconsin | 67 | 66 | 64 |
Wyoming | 74 | 74 | 78 |
Child labor statistics is another important metric that can be used to determine the levels of child maltreatment in the U.S.
Thanks to immense labor reform since the start of the 20th century,3 the rate of child labor and hazardous child labor has dropped tremendously.
In most states, individuals can not be legally employed until they are 16 years old.
Individuals 18-24 Currently Employed in the United States by Ethnicity and Gender | Estimated Number of Individuals Employed (Number Given in Thousands) |
Men | 19,000 |
Women | 18,900 |
White | 28,000 |
Black or African American | 5,500 |
Asian | 2,200 |
Hispanic or Latino | 9,100 |
Although there have been reports about child abduction statistics in past years that claim that there are over 50,000 child abductions in the U.S. each year, these studies have been largely proven false.
Although still too high, the actual number of child abductions in the U.S. each year is much closer to 2-5,000. However, the vast majority of these abductions will not involve a stranger and instead are often related to custody issues between family members.
Below is a set of data for family-related kidnapping statistics.
The data shows that two of the highest types of kidnapping are related to child custody.1
Type of Kidnapping | Percentage of Children Taken |
Abducted by the non-custodial parent | 78% |
Children between 6-11 | 35% |
Abduction lasted between 7 and 30 days | 24% |
Abductors whose primary goal was to take permanent custody | 82% |
Children abducted by a relative | 21% |
Children living with a single parent at the time of the kidnapping | 42% |
Children were living with foster parents or in similar situation | 15% |
Children kidnapped by a male relative | 66% |
When looking at child kidnapping statistics that involve the type of child abduction that most people think of, it may surprise individuals that the average age of those kidnapped by strangers is far higher than one might expect.
Although most children that are abducted by a family member are under 12 years old, those abducted by strangers are almost always over 12 years old.1
Type of Kidnapping | Percentage of Children Kidnapped |
Children 12 years or older (non-family) | 81% |
Children 12 years or older (Stereotypical – kidnapped by a complete stranger) | 58% |
Child killed (Stereotypical) | 40% |
Child not recovered (Stereotypical) | 4% |
Kidnapped by a male perpetrator | 86% |
Female victims | More than 50% |
The victim was sexually assaulted | More than 50% |
Child abuse statistics are some of the most important data available when it comes to battling child maltreatment in the United States.4
Not only can different risk factors be identified, but cultural and geographic trends can also be examined in order to prevent further maltreatment.
State | Estimated Number of Total Victims | Estimated Victims of Physical Abuse | Estimated Victims of Psychological Abuse | Estimated Victims of Sexual Abuse |
Alabama | 11,600 | 5,800 | 20 | 2,200 |
Alaska | 3,200 | 700 | 1,100 | 300 |
Arizona | 10,000 | 800 | 5 | 400 |
Arkansas | 9,200 | 1,800 | 200 | 1,800 |
California | 60,300 | 4,100 | 5,400 | 3,300 |
Colorado | 11,600 | 1,200 | 200 | 1,000 |
Connecticut | 6,300 | 400 | 1,900 | 400 |
Delaware | 1,200 | 200 | 500 | 100 |
Florida | 28,200 | 2,300 | 300 | 2,300 |
Georgia | 8,700 | 1,100 | 2,200 | 800 |
Hawaii | 1,300 | 100 | 30 | 100 |
Idaho | 2,000 | 800 | N/A | 200 |
Illinois | 34,500 | 6,100 | 70 | 4,800 |
Indiana | 22,600 | 1,600 | N/A | 2,500 |
Iowa | 10,600 | 1,100 | 100 | 700 |
Kansas | 2,400 | 600 | 400 | 500 |
Kentucky | 16,700 | 1,200 | 40 | 700 |
Louisiana | 6,900 | 800 | 20 | 400 |
Maine | 4,700 | 1,300 | 1,800 | 400 |
Maryland | 7,200 | 1,400 | 20 | 2,100 |
Massachusetts | 22,500 | 1,800 | N/A | 700 |
Michigan | 26,900 | 4,000 | 200 | 1,200 |
Minnesota | 6,600 | 900 | 200 | 1,600 |
Mississippi | 8,100 | 1,300 | 1,500 | 1,100 |
Missouri | 4,400 | 1,400 | 600 | 1,500 |
Montana | 3,800 | 200 | 20 | 100 |
Nebraska | 2,400 | 300 | 10 | 300 |
Nevada | 5,000 | 1,000 | 20 | 400 |
New Hampshire | 1,200 | 100 | 50 | 100 |
New Jersey | 3,700 | 500 | 50 | 600 |
New Mexico | 7,100 | 1,000 | 2,000 | 300 |
New York | 59,100 | 5,300 | 600 | 2,200 |
North Carolina | 22,400 | 1,100 | 200 | 1,000 |
North Dakota | 1,600 | 100 | 500 | 50 |
Ohio | 23,700 | 11,300 | 1,600 | 4,200 |
Oklahoma | 14,700 | 2,000 | 5,000 | 800 |
Oregon | 11,500 | 1,400 | 200 | 800 |
Pennsylvania | 4,600 | 2,000 | 50 | 2,000 |
Rhode Island | 2,700 | 400 | 1,000 | 100 |
South Carolina | 14,300 | 6,400 | 1,000 | 700 |
South Dakota | 1,600 | 200 | 40 | 100 |
Tennessee | 8,700 | 5,100 | 500 | 2,300 |
Texas | 65,100 | 7,400 | 300 | 6,600 |
Utah | 9,700 | 3,700 | 3,500 | 1,700 |
Vermont | 500 | 400 | 2 | 100 |
Virginia | 5,700 | 1,600 | 100 | 700 |
Washington | 4,000 | 900 | N/A | 500 |
West Virginia | 6,100 | 4,900 | 4,000 | 200 |
Wisconsin | 4,200 | 600 | 20 | 900 |
Wyoming | 900 | 20 | 300 | 50 |
Aside from looking solely at the data, knowing some basic child abuse facts can also put things into perspective and help parents identify behaviors that might indicate their child was the victim of abuse.5,6
Individuals should first familiarize themselves with the definitions of various kinds of abuse as well as the long-term consequences that this abuse can have on the victim.7
Children living in poverty experience abuse and neglect at nearly 5 times the normal rate.5 Those who are familiar with some of the more common forms of neglect will be able to see a connection quite clearly.
Without adequate social services available, children in poverty will frequently not have basic needs met such as food and basic sanitation, as well as the tendency for children in poverty to be left home alone for long periods of time, due to parents not having sufficient funds to hire babysitters or make other arrangements.
Child neglect statistics can be just as effective at addressing the root problem as examining child abuse statistics. National child maltreatment statistics are gathered by the Administration of Children and Families.8,9
State | Estimated Total Victims | Medical Neglect |
Alabama | 11,600 | 100 |
Alaska | 3,200 | 100 |
Arizona | 10,000 | N/A |
Arkansas | 9,200 | 200 |
California | 60,300 | 50 |
Colorado | 11,600 | 100 |
Connecticut | 6,300 | 200 |
Delaware | 1,200 | N/A |
Florida | 28,200 | 1,000 |
Georgia | 8,700 | 200 |
Hawaii | 1,300 | 10 |
Idaho | 2,000 | 6 |
Illinois | 34,500 | 700 |
Indiana | 22,600 | N/A |
Iowa | 10,600 | 100 |
Kansas | 2,400 | 100 |
Kentucky | 16,700 | 300 |
Louisiana | 6,900 | N/A |
Maine | 4,700 | N/A |
Maryland | 7,200 | N/A |
Massachusetts | 22,500 | N/A |
Michigan | 26,900 | 600 |
Minnesota | 6,600 | N/A |
Mississippi | 8,100 | 400 |
Missouri | 4,400 | 100 |
Montana | 3,800 | 10 |
Nebraska | 2,400 | 1 |
Nevada | 5,000 | 100 |
New Hampshire | 1,200 | 30 |
New Jersey | 3,700 | 80 |
New Mexico | 7,100 | 200 |
New York | 59,100 | 3,300 |
North Carolina | 22,400 | 1,000 |
North Dakota | 1,600 | 30 |
Ohio | 23,700 | 400 |
Oklahoma | 14,700 | 300 |
Oregon | 11,500 | 100 |
Pennsylvania | 4,600 | 200 |
Rhode Island | 2,700 | 40 |
South Carolina | 14,300 | 300 |
South Dakota | 1,600 | N/A |
Tennessee | 8,700 | 100 |
Texas | 65,100 | 1,000 |
Utah | 9,700 | 50 |
Vermont | 500 | 10 |
Virginia | 5,700 | 100 |
Washington | 4,000 | N/A |
West Virginia | 6,100 | 300 |
Wisconsin | 4,200 | 60 |
Wyoming | 900 | 3 |
There is a ton of information that individuals can learn from CPS case statistics.
Although much of this data can be emotionally frustrating, it’s important that this data is gathered accurately so that individuals can identify the problem at the root and prevent child maltreatment before it happens.
Although child abuse and neglect are happening at lower rates in the U.S. than ever, there is still a long way to go.
Making CPS case statistics more accessible will allow for greater awareness of the issue and allow organizations to enact change to address the problem at the root, instead of when it is already too late.
For individuals wondering how long a CPS case remains on file, a CPS case will not appear on an individual’s record unless criminal charges were filed due to the findings of the case.
A CPS background check is a background check used to screen individuals who are applying for jobs that qualify as child care.10
A CPS background check will cover the individual’s entire life and does not have limits based on the state it was performed in.
A foster parent background check is the same as a child care background check and is used to screen individuals who are interested in becoming foster parents.
The non-offending parent in a CPS case is the parent who is not under investigation, usually a parent that does not live in the household.
CPS cases are most often dismissed due to lack of evidence, however, individuals can file for a motion to dismiss due to procedural issues with the investigation.
Getting a CPS case dismissed in Texas will generally require individuals to file a motion for dismissal with the judge that is hearing the case.
CPS cases can be dropped or dismissed if there is no evidence of abuse or neglect or if the changes suggested by the CPS case worker were made.
In PA, CPS is able to show up at a parent’s home without notice and can talk to the children without permission. However, CPS is not able to enter the home without permission or a court order.
In Michigan, CPS workers are not able to enter the home without a court order. However, CPS workers can get a court order to remove children from the home if they believe there is evidence of abuse or neglect.
CPS is able to talk to children without parents’ permission to obtain more accurate information, however, CPS must gain permission from the homeowner in order to enter a house to investigate.
Child abuse background checks are used to screen individuals that are applying for jobs that qualify as child care.
Looking up a person’s place of employment for legal purposes is extremely difficult since there are no public employment databases. However, the SSA and IRS can use their own databases to find this info when requested by law enforcement.
Discovering where a person is currently employed for child support can be accomplished by using a social media background investigation to find out if they have any secret accounts.
Getting a CPS case dismissed almost always involves proving there is no evidence of any abuse or neglect in the household.
CPS will only notify the other parent if they have custody of the child or are a possible caretaker for the child while the investigation proceeds.
The non-custodial parent in a CPS case is simply the parent that does not have full custody of the child.
CPS only has an obligation to notify the other parent if the other parent has partial custody or is possibly going to have temporary custody of the child when they are removed from the home.
The rights of the non-offending parent include the right to an attorney, and the right to appear in court at any hearings to ask questions, provide evidence, and provide testimony.
A non-offending parent evaluation will take place to determine if the non-offending parent is a suitable guardian for the child temporarily or permanently based on the case.
The grounds for involuntary termination of parental rights involve severe cases of abuse and neglect such as sexual abuse, physical abuse, medical neglect, and abandonment.11
1Child Find of America. (2022, July 12). Facts & Stats on Missing Children. Child Find of America. Retrieved December 04, 2022, from <https://childfindofamerica.org/resources/facts-and-stats-missing-children/>
2U.S. Department of Health and Human Services. (2019). Mandatory Reporters of Child Abuse and Neglect. Child Welfare Information Gateway. Retrieved January 03, 2023, from <https://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/manda/>
3The University of Iowa. (2023). Labor Center Search Page. Iowa Labor Center. Retrieved January 03, 2023, from <https://laborcenter.uiowa.edu/search?terms=labor%20reform>
4U.S. Department of Health and Human Services. (2021, December 14). Child Maltreatment 2020. The Administration for Children and Families. Retrieved January 03, 2023, from <https://www.acf.hhs.gov/sites/default/files/documents/cb/cm2020.pdf>
5Centers for Disease Control and Prevention. (2022, April 6). Fast Facts: Preventing Child Abuse & Neglect. CDC. Retrieved January 03, 2023, from <https://www.cdc.gov/violenceprevention/childabuseandneglect/fastfact.html>
6U.S. Department of Health and Human Services. (2023). Identification of Child Abuse & Neglect. Child Welfare Information Gateway. Retrieved January 03, 2023, from <https://www.childwelfare.gov/topics/can/identifying/>
7Leeb, R. T., Paulozzi, L. J., Melanson, C., Simon, T. R., & Arias, I. (2008, March 28). Child Maltreatment Surveillance. CDC. Retrieved January 03, 2023, from <https://www.cdc.gov/violenceprevention/pdf/CM_Surveillance-a.pdf>
8U.S. Department of Health and Human Services. (2021, June 11). Child Maltreatment 2019: Summary of Key Findings. Child Welfare Information Gateway. Retrieved January 03, 2023, from <https://www.childwelfare.gov/pubpdfs/canstats.pdf>
9U.S. Department of Health & Human Services. (2023). Administration for Children and Families Homepage. Administration for Children and Families. Retrieved January 03, 2023, from <https://www.acf.hhs.gov/>
10Childcare.Gov. (2023). Background Checks: What You Need To Know. Childcare.gov. Retrieved January 03, 2023, from <https://childcare.gov/consumer-education/background-checks-what-you-need-to-know>
11U.S. Department of Health and Human Services. (2021, September 08). Grounds for Involuntary Termination of Parental Rights. Child Welfare Information Gateway. Retrieved January 03, 2023, from <https://www.childwelfare.gov/pubpdfs/groundtermin.pdf>
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