A CPS, or in the City of New York an ACS, investigation is usually prompted by an anonymous communication. This can be done by a former partner, a neighbor, a teacher or someone who has an axe to grind. The complaint to CPS or ACS can be related to a perceived child neglect or perceived child abuse. Once a report is made CPS or ACS is obligated to investigate.
Parents who receive a visit from a CPS or ACS worker will not be told about their rights. The case worker will tell them that the care worker is entitled to come into their home. The case worker is entitled to interview their children and sometimes to review their children’s bodies without their clothes on. They will also tell the parents that they have to sign HIPAA Releases with regard to medical or information or the parties’ children’s school.
The CPS or ACS case worker will ask questions about the parties’ background and various aspects of their lives. Everything a parent tells a CPS or ACS worker can be used against them in court! In some situations families have their children removed even before they appear in a courtroom, meet with an attorney or speak to a judge.
Neglect: If a CPS or ACS case worker thinks a situation meets the legal definition of neglect, they will file a petition in the Family Court and they can ask that the children be removed from the families’ household. Children who are removed from their family can be placed into foster care.
Even if the children aren’t removed, the family may spend many months under court ordered supervision of CPS or Acs. CPS or ACS will require the parents to comply with various requirements that are often not tailored to the families actual needs.
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.
