CINC & DCF: What to Expect from Investigations to Court
CINC Dissected: Who are the Parties in a CINC case?
March 27, 2021
The Judge – the Judge is the ultimate trier of fact that makes the decisions and issues the orders that determine how the case proceeds.
The District/County Attorney (also known as the State) – The DA’s office is usually who has filed the CINC case. They represent the state’s interest in maintaining the children’s safety and well-being.
Parent’s Attorneys – parents have a right to counsel in CINC cases. Parents can choose to hire their own attorneys, or if they cannot afford their own attorneys, they have the right to counsel appointed by the Court.
Guardian ad Litem – in every CINC case, a guardian ad litem will be appointed to represent the best interests of the minor child in the case.
Child Advocate – if there reaches a point in the case where there is a conflict between what a child wants and what the guardian ad litem believes is in the best interest of the child, the court may appoint an attorney as the child’s advocate that will represent what the child wants to occur in the case.
Court Appointed Special Advocate (CASA) – CASAs are volunteers that can be appointed in a CINC case to advocate for the best interests of the minor child. If you are interested in learning more about CASA or volunteering as a CASA, their website is a great resource for more information on their program: Kansas CASA Association : Home
Grandparent and Interested Party Attorneys – Grandparents or other individuals who have been deemed interested parties in a case have the right to be present and may hire an attorney to represent them throughout the proceedings. In some jurisdictions, the Court may appoint an attorney to represent interested parties if they are unable to hire counsel themselves
The District/County Attorney (also known as the State) – The DA’s office is usually who has filed the CINC case. They represent the state’s interest in maintaining the children’s safety and well-being.
Parent’s Attorneys – parents have a right to counsel in CINC cases. Parents can choose to hire their own attorneys, or if they cannot afford their own attorneys, they have the right to counsel appointed by the Court.
Guardian ad Litem – in every CINC case, a guardian ad litem will be appointed to represent the best interests of the minor child in the case.
Child Advocate – if there reaches a point in the case where there is a conflict between what a child wants and what the guardian ad litem believes is in the best interest of the child, the court may appoint an attorney as the child’s advocate that will represent what the child wants to occur in the case.
Court Appointed Special Advocate (CASA) – CASAs are volunteers that can be appointed in a CINC case to advocate for the best interests of the minor child. If you are interested in learning more about CASA or volunteering as a CASA, their website is a great resource for more information on their program: Kansas CASA Association : Home
Grandparent and Interested Party Attorneys – Grandparents or other individuals who have been deemed interested parties in a case have the right to be present and may hire an attorney to represent them throughout the proceedings. In some jurisdictions, the Court may appoint an attorney to represent interested parties if they are unable to hire counsel themselves
What does a Kansas DCF finding mean?
December 14, 2020
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Parents, professional caregivers, and adults working with children may find themselves the subject of an investigation conducted by the Kansas Department for Children and Families (DCF). During their investigation, DCF will interview the minor children involved, the alleged perpetrator, and any other material witnesses. DCF may work with law enforcement (if there’s an allegation that could give rise to a criminal charge) or the Kansas Department of Health and Environment (if there’s an allegation of abuse or neglect that occurred in a licensed childcare facility). At the conclusion of an investigation of abuse or neglect, DCF is required to issue a finding: unsubstantiated, affirmed, or substantiated.
DCF is required to provide a formal notice of department finding at the conclusion of their investigation. In that notice, they must provide you with the name of the alleged victim, the name of the alleged perpetrator, the nature of the allegation, the finding, and a specific reason for the finding. |
The Allegation
DCF may open an investigation for any number of allegations. The most common are physical abuse, physical neglect, lack of supervision, medical neglect, and emotional abuse. In order to make a finding of abuse or neglect, DCF must have sufficient evidence to prove the allegation by a preponderance of evidence, in other words, DCF must have sufficient evidence that establishes that it is more likely than not that the action occurred.
The Finding
DCF has three possible findings that they can make at the conclusion of their investigation: unsubstantiated, affirmed, and substantiated.
Unsubstantiated – if the finding is unsubstantiated, DCF found that they did not have sufficient evidence to establish that abuse or neglect occurred. The alleged perpetrator will not be placed on the Child Abuse and Neglect Registry.
Affirmed – if the finding is affirmed, DCF found that they had sufficient evidence to establish that abuse or neglect occurred. However, an affirmed perpetrator is not placed on the Child Abuse and Neglect Registry because the finding does not reach a level of substantiated.
Substantiated – if the finding is substantiated, DCF found that they had sufficient evidence to establish that abuse or neglect occurred, and that serious harm occurred or was likely to occur or that there is a pattern of ongoing conduct by the alleged perpetrator. A substantiated perpetrator is placed on the Child Abuse and Neglect Registry and cannot work, reside or volunteer for a childcare facility so long as their name remains on the registry.
The Impact
The only finding that can place an individual on the Kansas Child Abuse and Neglect Registry is a substantiated finding. While affirmed and unsubstantiated findings do not place anyone on the Child Abuse and Neglect Registry, they can potentially be used to establish a pattern in future investigations.
With that being said, there are multiple individuals that receive a copy of the Notice of Finding, including parents of the alleged victim. For example, former spouses may attempt to use this Notice in a family law case to impact the decision of that Court. So, while there may not be a direct impact of an affirmed or substantiated finding that affects your employment or well-being, other individuals may attempt to use this finding to impact other proceedings.
Right to Appeal
If you receive a notice as an alleged perpetrator indicating that you have been affirmed or substantiated, you have a right to appeal that finding. Requests for appeal must be submitted within 33 days of the date DCF mailed the Notice of Finding.
DCF may open an investigation for any number of allegations. The most common are physical abuse, physical neglect, lack of supervision, medical neglect, and emotional abuse. In order to make a finding of abuse or neglect, DCF must have sufficient evidence to prove the allegation by a preponderance of evidence, in other words, DCF must have sufficient evidence that establishes that it is more likely than not that the action occurred.
The Finding
DCF has three possible findings that they can make at the conclusion of their investigation: unsubstantiated, affirmed, and substantiated.
Unsubstantiated – if the finding is unsubstantiated, DCF found that they did not have sufficient evidence to establish that abuse or neglect occurred. The alleged perpetrator will not be placed on the Child Abuse and Neglect Registry.
Affirmed – if the finding is affirmed, DCF found that they had sufficient evidence to establish that abuse or neglect occurred. However, an affirmed perpetrator is not placed on the Child Abuse and Neglect Registry because the finding does not reach a level of substantiated.
Substantiated – if the finding is substantiated, DCF found that they had sufficient evidence to establish that abuse or neglect occurred, and that serious harm occurred or was likely to occur or that there is a pattern of ongoing conduct by the alleged perpetrator. A substantiated perpetrator is placed on the Child Abuse and Neglect Registry and cannot work, reside or volunteer for a childcare facility so long as their name remains on the registry.
The Impact
The only finding that can place an individual on the Kansas Child Abuse and Neglect Registry is a substantiated finding. While affirmed and unsubstantiated findings do not place anyone on the Child Abuse and Neglect Registry, they can potentially be used to establish a pattern in future investigations.
With that being said, there are multiple individuals that receive a copy of the Notice of Finding, including parents of the alleged victim. For example, former spouses may attempt to use this Notice in a family law case to impact the decision of that Court. So, while there may not be a direct impact of an affirmed or substantiated finding that affects your employment or well-being, other individuals may attempt to use this finding to impact other proceedings.
Right to Appeal
If you receive a notice as an alleged perpetrator indicating that you have been affirmed or substantiated, you have a right to appeal that finding. Requests for appeal must be submitted within 33 days of the date DCF mailed the Notice of Finding.