Navigating Pregnancy, Substance Use, and Child Protective Services in Colorado
A guide made with love to help pregnant and postpartum people who use drugs protect themselves from the harms of "child protection" services.
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Many people who use drugs are met by scary interactions with the “child protection system” / “child welfare system” during and after their pregnancies. This system is designed to wear you down and make you feel alone. Sometimes, they punish you just for advocating for your rights. Many of us prefer to call this system the “family policing” system because of how harmful it is to families.
The family policing system has many different names, but in Colorado, is commonly called “CPS” or the “the County.” In this resource, we’ll refer to it as “the County” throughout.
Elephant Circle, Movement for Family Power, and Colorado parents and advocates created this guide to gather and share information, resources, and local connections that we believe can reduce harm, build power, and spread love for all pregnant and parenting people in Colorado- including pregnant folks who use drugs.
We encourage you to seek legal advice to best protect your family. Want support connecting to an attorney? Contact Elephant Circle (legal@elephantcircle.org)
We are big believers in having a circle around you during this time. Want to be connected to a trusted friend & community member to support you during this process? Reach out to Elephant Circle (legal@elephantcircle.org) for a connection to a Community Justice Doula.
General Information & Commonly Asked Questions – County Investigations & Dependency & Neglect Cases:
Note: As you read, keep in mind the role of DISCRETION! “Discretion” in the law generally means the power of a judge or public official (e.g. county caseworker, county lawyer) to make decisions on what to do in a certain situation based on their own judgements and biases. In practice, this means your investigation and case could unfold differently from someone else's, simply because your judge or caseworker sees things differently than theirs does. This can be frustrating and confusing and we’ll offer tips throughout on how to deal with this.
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A county investigation begins when the County receives a report accusing you of child abuse or neglect. In a County Investigation, the County caseworker will try to gather as much information about you and your family as possible to determine whether they think your child has been abused or neglected (often called “dependent & neglected” or “D&N”).
In CO, the system calls neglect "dependent & neglected," "dependency & neglect," or “D&N.” In this guide, we simply refer to this as "neglect."
If you are under investigation, the County will get in touch with you, sometimes through a phone call but sometimes by showing up at your home.
Investigations can last up to 60 days, unless a “voluntary case” gets opened (more on this in the section on “What is the difference between a County Investigation and a D&N case?” During an investigation, the caseworker may:
Try to speak with you and your children
Try to speak with people in your community like your children’s school, doctors, extended family, and friends
Ask to come into your home
Ask you to sign releases for medical or school records
Remove your child from your home if they think it is an emergency
Because the information gathered during the investigation period will be used in the case against you, you should carefully consider what you share with County caseworkers during this time.
Remember, you have rights during an investigation! Check out the section: “What are my rights during a County investigation.”
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Flexible, expert advice when you need it. Book hourly support across a range of topics—from planning to problem-solving. This focused consultation will help clarify your goals, map out next steps, and identify opportunities for growth.
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Flexible, expert advice when you need it. Book hourly support across a range of topics—from planning to problem-solving. This focused consultation will help clarify your goals, map out next steps, and identify opportunities for growth.
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