Understanding Unfounded CPS Cases and Their Impact on Employment Background Checks

Unfounded cases are often a concern in employment background checks. These cases, though officially filed, do not typically appear in standard background checks unless they involve criminal charges. In this article, we will explore how unfounded CPS (Child Protective Services) cases are handled in employment background checks and what you can do to manage them.

What Is an Unfounded CPS Case?

An unfounded CPS case occurs when an investigation into allegations of child abuse or neglect finds no evidence to support the claims. These cases are documented but do not result in any formal action, such as mandated services or criminal charges. While unfounded cases are considered closed and not warranting further investigation, they can still have implications, especially in employment background checks.

How Do Unfounded CPS Cases Affect Employment Background Checks?

The majority of employment background checks focus on criminal convictions and serious allegations. Unfounded CPS cases generally do not appear in these checks, as they do not involve criminal activity. However, if the allegations led to formal criminal charges, the charges and potential outcome would be included in the background check.

Standard Background Check Procedural Guidelines

Under standard employment background checks, only convictions or serious allegations (such as those involving minors) are typically investigated. Allegations without substantiation, such as unfounded CPS cases, do not appear in the background report.

For example, if a CPS case was investigated but no evidence of abuse or neglect was found, the case would be marked as unfounded and there would be no record of this during a background check. The only information received from CPS regarding such cases is confirmation of the unsubstantiated nature of the case and the date it was closed.

Companies usually do not delve into CPS cases unless the position involves direct interaction with children. Even then, they may only look at publicly available court documents or filings if a petition was brought to court.

Employer Access and Release Forms

For more comprehensive background checks or specialized checks, employers would need to obtain a release form that allows them to access sensitive information. These checks might include confirmed CPS cases, but not just unsubstantiated claims. If the case was simply closed or marked "open/closed," especially if it was low or moderate risk and did not require ongoing CPS oversight, this would still be documented.

If a job requires a security clearance or access to sensitive information, it is advisable to disclose any unfounded CPS cases, especially if law enforcement was involved. Your case must be explicitly denied as unfounded and not "open/closed" before it is safe to assume it will not appear in background checks.

Protecting Your Employment Prospects

While unfounded CPS cases do show up on background checks, the nature of the case is clear: it was unsubstantiated. However, employers often do not scrutinize these reports deeply, and the case might result in immediate rejection, depending on the job.

It is crucial to ensure your case was properly closed and was indeed unsubstantiated. Open/closed cases, while not requiring ongoing CPS oversight, are still considered confirmed cases in their records.

Thankfully, there is no need to abuse children or your spouse. Assuming the case was properly managed and marked as unsubstantiated, it should not show up on a standard background check. However, if the job involves security clearance, disclosure is critical.

I cannot guarantee the outcome of background checks, but I hope this information helps you navigate this process better.