Investigations by CPS or ACS can have significant impact on a parent’s ability to raise their children, obtain employment, and on the children themselves. ACS and CPS are legally mandated to investigate all claims and complaints of child abuse, child maltreatment and child neglect. However the purpose of their investigation is not to ascertain whether the allegations are true. The purpose of their investigation is to find evidence that the allegations are true!
Parents, family, members grandparents, friends and neighbors can get caught up in the maze that is the CPS and ACS investigations and prosecutions. CPS and ACS can refer the results of their investigations for criminal prosecution, prosecution in family courts and administrative proceedings.
Indicated Reports
Indicated reports by CPS or ACS can label you as a child abuser or someone who has mistreated a child. The impact of this on you, your family and your children can be catastrophic. It can cause you to lose your job. It can cause CPS or ACS to take action to take your children away from you. It can cause legal action to be taken in the family court or the criminal court against you. However there is an appeals process.
The Appeals Process
The appeals process allows for a hearing to take place. The hearing has two parts. The first part is whether the allegations involve some truth. The second part is even in the event there is some truth to the allegations that caused the indicated report, the person who the allegations are against can take action to rehabilitate themselves and/or educate themselves with regard to enhancing their parenting and coping skills. Even if the court finds the indicated report is accurate, that report can be sealed and never seen by anyone except potentially other law enforcement agencies if there are future complaints against those individuals.
The process involving the appeal of an indicated report should not be undertaken without being represented by a knowledgeable experienced CPS or ACS defense lawyer.
Elliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. He has been practicing law for 42 years. Elliot, his partner Nathan DeCorpo, and their associates represent individuals in child abuse and child neglect investigations throughout the Metropolitan New York area. The law firm has been involved in handling these cases for more than 45 years. Elliot, Nathan and their associates have extensive experience dealing with scores of cases and successfully defending their clients regarding allegations of child abuse and child neglect. Elliot and Nathan can be reached at 800-344-6431 or e-mail Elliot at Elliot@sdnylaw.com or Nathan at Ndecorpo@sdnylaw.com.
