Navigating Child Protective Services Involvement: Perceptions of Mothers with Experiences In the Legal System

Background/Purpose: Women represent the fastest growing segment of those incarcerated, and more than 80% identify as mothers. Incarcerated parents are more likely to engage with child protective services (CPS) given the overrepresentation of social and economic inequities they experience. However, little is known about how mothers perceive their families’ experiences with CPS, the legal system, or both systems simultaneously. The goal of this study was the co-creation of knowledge with participants with the unique positions to describe the individual and collective impacts of both CPS and the legal system and identify relevant and meaningful strategies of change.

Methods: Phenomenology was the guiding methodology of the exploratory study, with resarchers consistently and intentionally reflecting upon their positionality and relationships with the participants. To be eligible for the study, participants had to be women, over the age of 18, and have at least one felony arrest. Participants were recruited from two gender-specific programs in the western US and were interviewed using a semi-structured survey at three separate times as a way to build trust and gain a richer understanding of their perspectives. Participants received gift cards after each interview. Rigor and trustworthiness were enhanced through collective analysis of interview transcripts and a member check forum hosted one of the sites to guide the researchers’ understanding and framing of findings.

Results: Eighteen women completed all three interviews. Fifty percent identified as African American, 20% identified as multi-racial, and 10% identified as Latina. Participants’ average age was 53 years. The majority received their primary income from governmental sources. Seventy-eight percent identified as straight, and 33% were married.

Through the participants’ words and stories, several themes emerged, including: concerns regarding the wellbeing of their children, navigation of multiple complex systems, unfair treatment, frustrations with the seemingly impossible challenges of CPS requirements, and the long-lasting impact of CPS involvement for both parents and children. For many participants, CPS involvement was identified as the primary source of harm inflicted on the parent-child relationship.

Conclusions/Implications: The intersections of the legal system and CPS are well documented by those who built and reinforce them. By collaborating with women as experts, this study provides valuable insights from those who were impacted on the inside and and how social work researchers, policy makers, and practitioners can collaborate in relevant knowledge building and sharing. These findings add to the emerging understanding of the ways in which the CPS system has the potential to criminalize poverty and exacerbate—rather than resolve—existing family stressors. As research informing the CPS system and child welfare policy continues to strive toward family preservation, these participants provide invaluable insight into potential gaps between the intentions of professionals who work within these systems and the impact that many participants experienced. By recognizing and welcoming participants as the experts and leaders that they are, this study provides a unique perspective and offers solutions to address the specific challenges and needs of families involved in the CPS system—directly from those who have been affected most.