Can I remove my kids from CPS if I haven't been charged with a crime?

Juvenile cases (abuse and neglect) are not the same as criminal cases - juvenile cases are considered civil matters and the standard for proof is much lower than criminal. So, no, you cannot stop a CPS/DHHS investigation or remove your children from foster care on the basis that there is no criminal case. Transferring to another state may be possible if there is an ICPC done approving someone in that state to provide care while you work a rehabilitative program. However, the ICPC process can take 3 to 6 months, sometimes longer. Your best bet is to get a good lawyer in your juvenile case here and follow their advice as to strategy. Best wishes.