If allegations of child abuse or child neglect are made to CPS or ACS an investigation will ensue. You are not legally obligated to cooperate with a CPS or ACS worker unless there is a Court Order on the case. In most situations it is in your best interests to remain calm, be polite and meet the CPS or ACS investigator at the door of your home and speak to them in the doorway. You do not have to invite them into your home. They are not a friend or a guest. There job is to investigate you to obtain information to support the allegations in the report of child abuse or child neglect that has been made.
The ACS or CPS Investigators
The CPS or ACS investigator may start an amicable conversation. Be advised that anything you say to a CPS or ACS investigator will be held against you. There are no privacy rights. There are no Miranda Rights with regard to CPS or ACS investigators.
The Investigators and Your Children
The investigators may also speak to your children. They will ask you to leave the room when them want to speak to your children. They may go to the school to speak to your children. They have the right to examine your child or children, if there are reports of alleged abuse. The CPS or ACS investigators may want your mental health and physical health records. I don’t recommend that you comply with this request.
Presumed Guilty
The investigators will presume that the allegations against you are true. Their job is to obtain evidence proving the allegations. Be advised they are not investigating you to determine innocence or guilt, they are presuming you are guilty and they are investigating you, in theory, to protect your child.
The law office of Schlissel DeCorpo LLP are parents’ advocates and defenders of CPS and ACS investigations can be reached at 516-561-6645, 718-350-2802, 631-319-8262, or 914-998-0082 or by e-mail at info@sdnylaw.com.
