Child Protective Services (“CPS”) and Administration for Children Services (“ACS”) are child protection agencies. Reports of child abuse and/or child neglect are reported to these agencies. ACS operates within the five boroughs of the City of New York, and CPS operates everywhere else in New York State and the rest of the country. These agencies investigate individuals who are called in, often anonymously, and have been allegedly engaged in improper conduct involving children. When reports are made, the ACS and CPS 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 regarding the allegations that are made involving the individual who has allegedly mistreated a child or children. No matter how outrageous the allegations are to CPS and ACS, they still investigate and seek to take legal action against the individual who is accused of the maltreatment of children.
Child Removal Cases
In situations where CPS or ACS feels a child or children are in a continuing dangerous, or inappropriate situation they will take legal action in the Family Court to remove the child or children from the household.
Presumed Guilty
When a complaint is made to CPS or ACS, there is an initial presumption that a child is at risk based on allegations in 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 whether someone is innocent or guilty. They start with the presumption if a complaint is made, someone is acting inappropriately regarding children.
Be Careful
You are not entitled to Miranda rights involving your discussions with a CPS or ACS investigator. If you make a statement which they feel involves criminal activity, they will report you to the police and have you arrested. If a Family Court, Criminal Court or Administrative Case if brought against you, those statements will be used against you in a courtroom. Unlike the police, they do not have to give you your Miranda Rights.
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.
