Children are sometimes removed from parent’s homes solely based on what the parents tell the investigating CPS or ACS workers. In situations where CPS or ACS feels there is child abuse or child neglect Family Court proceedings can be filed against the parents. Sometimes these proceedings seek to remove the children from their home.
THE CONTINUING INVESTIGATION
In cases where there is no removal case or the removal application to the Court is denied, CPS and ACS will still, for months thereafter, continue to investigate the parents to obtain more information be used against them.
PROTECTING THE CHILD?
CPS and ACS is supposed to be involved in child protection. However, some of the actions they take make them the perpetrators of child abuse. Parents and caregivers have rights. The best way to protect those rights is immediately upon hearing that they are subject to a CPS or ACS investigation to contact an experienced, qualified CPS and ACS defense attorney.
NO MIRANDA RIGHTS
If you are arrested for a crime you are entitled to receive notice of your Miranda Rights which are:
- You have the right to remain silent; Anything you say can and will be used against you in a court of law; You have a right to an attorney; If you cannot afford an attorney, one will be appointed for you.
You have no Miranda Rights when dealing with CPS or ACS. You should be aware of this and be very careful as to what you say. Your words can cause you to lose custody of your children.
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.
