CPS is required to investigate reports of alleged child abuse and neglect. It will investigate claims even if they are totally false. If you are falsely accused by Child Protective Services of child neglect or child abuse, you must be careful when you speak to the CPS investigator. Conversations can be misinterpreted. CPS investigators are seeking to get evidence with regard to the allegations in the complaint. They presume the complaint is valid unless their investigation does not provide the CPS investigator with documentation or proof of the allegations.
What Constitutes Child Neglect?
A parent must provide their child or children with a minimum of basic care and responsibility for their well being.
Examples of what can constitute child neglect are as follows:
- Exposing a child or children to dangerous conditions in the home. This can involve drugs, guns, unstable individuals, inappropriate environmental conditions and other problematic issues that make living in the household inappropriate for a child
- Allowing a child not to attend school on a regular basis
- Leaving children unsupervised
- Failure to provide the appropriate medical treatment for a child
- Failure to provide adequate shelter or food for a child
Parents who are being investigated for child neglect often presume the Child Protective Service investigator has come to their home to investigate whether the allegations against them are true. That is not the case. The purpose of the investigation is to obtain proof that the allegations are true.
Before cooperating with a child abuse investigation it is recommended that the parents consult with a CPS defense attorney to learn about their rights in this situation.
CPS Problems
Sometimes even the most attentive, dedicated, loving parents find themselves in a difficult situation, that creates problems with the presumption that the parents have done something wrong. The CPS investigator=s job is not to find out whether the parents are guilty, are innocent, or failed with regard to some level of responsibility. The CPS investigator=s job is to gather evidence of the allegations made against the parents. CPS investigators will not tell you that anything you say to them can be used against you in a court. Police Officers have to provide potential criminals with Miranda Rights.
The CPS investigator can pretend to be a good natured friend looking to get to the bottom of the matter while in reality engage in communications with you solely for the purpose of extracting information that can be used as evidence against you. You should be very careful regarding what you say to a CPS investigator. You should not sign any documents or releases unless you have a CPS defense attorney review those documents or releases. Be cautious if a CPS investigator knocks on your door!
The law firm of Schlissel DeCorpo LLP has been helping families deal with ACS and CPS for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at info@sdnylaw.com.
