CPS and FOC
Child Protective Services (CPS) and the Friend of the Court (FOC) are separate agencies that may interact when a child’s safety is at risk. CPS, part of the Department of Health and Human Services, investigates abuse or neglect. FOC handles custody, parenting time, and support in family court cases.
Child Protective Services and the FOC
Parents often get confused about what to do when Child Protective Services (CPS) workers give advice that contradicts a court order. CPS is the agency responsible for investigating alleged neglect or abuse of a child. They can take appropriate action to protect any child they believe is at risk of physical, psychological, or emotional harm.
The FOC is a part of the Circuit Court and has the responsibility of enforcing court orders with regard to custody, parenting time, and support.
A. No. When CPS becomes involved, they sometimes request that a parent forgo parenting time while they are investigating the complaint. A parent may agree to forego parenting time or may choose to deny the CPS request. However, when there is a court order for parenting time, FOC staff, regardless of the circumstances, cannot give a party permission to disobey a court order. Parents will be responsible for their own actions and may face consequences for violating a court order.
A. No. If you agree to forgo your parenting time, the FOC will not assist with make-up parenting time. Absent any agreement with the other parent, your actions will be viewed as a voluntarily forfeiture of parenting time.