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SYSTEMIC NON-COMPLIANCE

Child welfare agencies are legally required to follow their own regulations and procedures. When they do not, their actions exceed the authority granted to them by law. Despite this, agencies routinely violate governing statutes, federal mandates, and internal policies.

An agency with the power to seize our children

must adhere to the laws defining that power.

With great power must come great accountability.

RESPONSIBLE

PARTY

ACCOUNTABILITY

 The non-offending parent is often held responsible while the perpetrator avoids accountability.

Intervention must focus on the person who creates the danger.

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is named the

NON-OFFENDING PARENT

RESPONSIBLE

PARTY

The

cases involving

children exposed to

DOMESTIC

VIOLENCE

2/3

in over

of mothers in DV-related child welfare cases are accused of

failure to protect,

even when they sought help or restraining orders.

86%

Abusers are required to

leave the home in under

22%

OF DOMESTIC VIOLENCE

CASES

POLICY

PRACTICE

Abusive partners are rarely mandated into services or removed from the home, in part because that path requires legal action, complexity, and confrontation. Rather than removing the threat to the child, the child is removed from their  primary source of safety.

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DOMESTIC

VIOLENCE

CASES

include

2/3

NO

 mandated services for the abuser

When abuse charges intervention,
intervention must charge the abuser.

FAMILY

PRESERVATION

PRIORITY

Reporting abuse often triggers child removal instead of support, undermining a parent's efforts to preserve the family integrity.

Agencies must make reasonable efforts to preserve families and keep children safe in their own homes whenever possible.

POLICY

PRACTICE

72%

of caseworkers said

caseloads and timelines

“often prevent”

offering adequate

FAMILY

PRESERVATION

SERVICES 

before removal.

Agencies failed to

provide services

BEFORE 

REMOVING

THE CHILD

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in over

of cases

60%

of children entering

foster care

could have remained

SAFELY WITH

FAMILY

With proper

support services,

39%

Families receiving housing or advocacy support were

46%

less likely to experience child removal within

one year.

CPS often bypasses preventative support because their timelines and performance measures prioritize immediate risk reduction over long-term family stability. This leads to child removals in situations where basic services such as housing assistance, advocacy, or legal protection could have maintained safety in the home.

A system built to keep families intact

should not be the force that tears them apart.

VICTIM

SUPPORT

PROTOCOLS

Victims are often harshly interrogated, surveilled, and punished for not preventing the violence inflicted against them.

Victims must be protected, supported, and empowered as part of a safety plan.

POLICY

PRACTICE

of advocates said survivors report not disclosing abuse due to fear of CPS 

64%

of CPS agencies consistently provide appropriate safety services to victims in DV cases.

14%

Only

Of victims are listed as

alleged PERPETRATORS

in DV-related petitions.

40%

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 State-sanctioned child removal

due to a mother's victimization

INCREASES her risk of

​

of child welfare agencies have specialized DV units or

DV-informed protocols.

Survivor support guidelines emphasize the importance of providing support resources and treating each domestic violence case with unique consideration and trauma-informed care. Child welfare agencies frequently fail to meet this standard, applying a one-size-fits-all approach across complex cases that overlooks a victim's experience, disregards their barriers to independence, and accentuates punishment and reform over compassion and assistance.

HOMICIDE

15%

We must stand up for victims who stand up against abuse.

LEAST
RESTRICTIVE
INTERVENTION

Removal of children must be the last resort after exhausting less disruptive options.

Child removal can be considered a first emergency response to a report of domestic violence in the household.

POLICY

PRACTICE

Emergency removals of children from their homes are often implemented to prevent potential risk before a family's situation is fully understood and supportive services are thoroughly considered. This contributes to higher rates of removal in domestic violence cases, even where statutory guidance emphasizes using removal only as a last resort.

In about

of CPS cases, courts found that “reasonable efforts” to prevent removal were not made or reuired

1/2

Only

29%

of cases included documentation of specific efforts to avoid separating the child from the non-offending parent.

Agencies failed to make reasonable efforts in over

1/3

child removals, most commonly for insufficient in-home safety planning.

About

63%

of children entering foster care in 2023 were removed for “neglect,” often linked to poverty or conditions addressable through in-home services.

We must banish the abuser, not the child.

KINSHIP

PLACEMENT

STANDARDS

When child removal is necessary, kinship placement with a safe parent or relative must be prioritized.

Children are frequently placed with strangers while the protective parent is excluded as a valid placement option.

POLICY

PRACTICE

fewer placement disruptions than those placed with non-relatives.

32%

Children placed with relatives experience

Caseworkers frequently deny placement with the non-offending parent, citing minor compliance issues or speculation and defaulting to foster care even when the safe parent is suitable, available, and willing, and often against the child's best interests.

~1 in 3  kinship caregivers are denied placement for reasons unrelated to safety, such as income or housing space

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Only about one in four kinship caregivers are approved for placement

~37%

of children in foster care live with relatives, despite federal policy prioritizing kinship care.

Only

Family is a child's foundation.

TRAUMA-

INFORMED

PRACTICE

POLICY

PRACTICE

Child welfare agencies must commit to trauma-informed principles, recognizing how violence, fear, and instability affect a parent's and a child's ability to act, cope, and respond.

Trauma responses are often disregarded and labeled as neglect; intervention and unwarranted child removal can exacerbate trauma for children and survivors.

Trauma-informed care is promoted in policy but not implemented in practice when case decisions are driven by immediate risk optics rather than long-term outcomes. This disconnect is seen when separation is used reflexively, ignoring overwhelming evidence about attachment and child trauma.

2.5X

Children who experience

multiple caregiver separations are

36%

Each additional foster-care placement change increases a child’s risk of behavioral problems by roughly

2X

Children are

more likely to develop a

psychiatric disorder.

as likely to develop PTSD if removed from their home

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1 in 3 mothers involved with child welfare agencies experience PTSD symptoms.

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6 in 10 mothers who had a child removed reported persistent, daily grief symptoms 1 year later.

Mothers who lose custody of a child are nearly  

2X

as likely to be diagnosed with Major Depressive Disorder.

Mothers who's children were removed were

more likely to die by suicide than their biological sisters.

4.5X

The severance of a child and a caring parent's bond

is trauma-inducing, not trauma-informed.

EIN: 39-4461409

Vindicate Victims is a registered 501(c)(3) nonprofit organization. All donations are tax-deductible to the extent allowed by law.

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