CPS and ACS have limitations as to the actions they can take. It should be pointed out that if either CPS or ACS violates any New York State Law during the course of their investigation, the against the parents can be dismissed by the Court.
CPS and ACS cannot forcibly enter a families’ home. They need the families’ permission to enter the families’ home. Even if CPS or ACS appears at the home with a police officer, they cannot force the entry of the home. They would need a court order to get into the home. The court order is called a search warrant. The Fourth Amendment to the United States Constitution prevents any governmental authority from entering into a family’s home except in extraordinary circumstances without a court order.
No Miranda Rights
When CPS or ACS knocks on a family’s door the family often goes into a state of temporary shock. Someone has filed a complaint against them anonymously. The CPS or ACS worker will claim they have to come in the house and to conduct a full investigation. There are no Miranda Rights in CPS or ACS investigations. CPS or ACS will presume the parent is guilty of whatever allegations have been made. The purpose of the investigation is to prove guilt. The purpose of the investigation is to prove that the allegations against the parents are true.
Drug Or Alcohol Tests
CPS or ACS cannot force an individual to take a drug or alcohol test. They would need a court order to cause a parent to take this action.
The situation parents face during the CPS or ACS investigation puts the parents in a very difficult situation. It is highly recommended that a skilled CPS or ACS defense lawyer be retained to provide the parents with important information about what their rights are, what they are subject to and the actions they should take.
The law office of Schlissel DeCorpo LLP are parents’ advocates and defenders of CPS and ACS investigations can be reached at 516-561-6645, 718-350-2802, 631-319-8262, or 914-998-0082 or by e-mail at info@sdnylaw.com.
