Today there are many more filings with Child Protective Services (hereinafter referred to as “CPS”) and the Administration for Children’s Services (hereinafter referred to as ‘ACS”) then there were in past years. CPS operates in the suburbs and ACS operates in the City of New York. Both agencies perform the same duties and have similar, if not the same, rules and regulations regarding their investigations.
Mandatory filers with CPS and ACS
Doctors, teachers and other professionals are legally obligated to report any instance they perceive may involve child abuse or child neglect. Bruises, scratches and comments which are taken out of context may result in a filing by a mandatory filer with ACS or CPS. An ACS and CPS filing will result in an investigation and possible loss of parental rights. Upon learning you are being investigated by ACS or CPS the first step you should take is to contact an attorney experienced in handling these types of cases. Be aware, most lawyers who handle matrimonial and family law cases do not have extensive experience in handling ACS and CPS investigations.
Can ACS and CPS Really Take Your Kids Away?
The answer to this question is: Yes! However, this is usually the last resort and may only be the case in extreme situations. Be advised, criminal proceedings can be brought also as a result of allegations of child abuse or child neglect. Therefore, you must take all allegations involving child abuse or child neglect seriously.
The ACS and CPS Investigator Coming to Your House
Often, parents find out they are being investigated by CPS and ACS when the CPS and ACS investigator knocks on their door during the evenings. This comes as a shock to most parents. In the beginning if the investigation is a result of a child skinning their knee or obtaining a black and blue mark while playing you should cooperate with the investigation process. However, be advised a CPS or ACS investigation presumes you are guilty. The investigator is looking for evidence to prove your guilt.
No Constitutional Protection
Be aware some of the constitutional protections involving criminal cases such as the Miranda Warnings do not apply to CPS and ACS investigations. If the CPS or ACS investigation involves more than a simple black and blue mark or bruise, it is highly recommended that you obtain an experienced ACS or CPS defense lawyer to represent you in this matter as soon as possible.
CPS and ACS Investigation Cases and the Courts
Child abuse and child neglect allegations involve quick investigations and may result in court proceedings. Should you be brought into Family Court by CPS or ACS it is extremely important to obtain competent legal counsel to represent you. These cases are designed to provide protection for the children on a fast track basis.
The fast track protection of the children may involve loss of portions of your parental rights or all of your parental rights. If you do not understand what is happening in a Family Court proceeding, you should immediately ask the court for a postponement for the purpose of retaining competent legal counsel. Having the right attorney who takes an aggressive proactive stance on your behalf is important with regard to protecting your rights in cases involving allegations of child abuse or child neglect.
About the Author
Should you be the subject of a child abuse or child neglect investigation you should immediately contact our office at 800-344-6431 and speak to Elliot S. Schlissel, Esq. or at Elliot@sdnylaw.com or Nathan DeCorpo at Ndecorpo@sdnylaw.com for a free consultation. Our office has been representing clients involved with CPS and ACS investigations for more than 45 years.
