Child Protective Services (“CPS”)

CPS is required to investigate reports of alleged 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

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 locking 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!

Elliot S. Schlissel, Esq. has been representing clients who have been investigated by CPS or ACS for more than 45 years. He can be reached at 800-344-6431 or emailed at elliot@sdnylaw.com.