Child Protective Services (“CPS”) and Administration for Children’s Services (“ACS”) are child protection agencies. Reports of child abuse or child neglect are reported to these agencies. ACS operates within the 5 boroughs of the city of New York and CPS operates everywhere else in New York State.
These agencies investigate individuals who are reported, in many cases, anonymously. The allegations are usually that they have been engaged in improper conduct involving children. When reports are made the ACS or CPS the agency sends an investigator out to determine whether the individual who allegedly was involved in the inappropriate conduct should be prosecuted. ACS and CPS through their investigators seek to gain information with regard to the allegations that are made involving the individual who has mistreated a child or children. No mater how outrageous the allegations are, CPS and ACS may still investigate and seek to take legal action against the individual who is accused of mistreating children.
Child Removal Cases
In cases where CPS or ACS allege the child or children are in a continuing dangerous or inappropriate situations they will take legal action in the Family Court to remove the children from the household.
Presumed Guilty
When a complaint is made to CPS or ACS there is an initial presumption a child is at risk based on the complaint. The CPS and ACS investigators job is to find documentation and evidence to prove the allegations are true. They are not there to find out if someone is innocent or guilty. They start with the presumption if a complaint is made someone is acting inappropriately regarding children.
Be Careful What You Say
You are not entitled to Miranda rights involving your discussions with a CPS or ACS investigator. If you make a statement they feel involves criminal activity they will report you to the police and have you arrested. Those statements will be used against you in a court room. Unlike the police, they do not have to give you your Miranda rights and statements made by you are considered admissions.
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.
