Sometimes even the most attentive, dedicated, loving parents find themselves in a difficult situation, that creates problems with the presumption that the parents have done something wrong. The CPS investigator’s job is not to find out whether the parents are guilty, are innocent, or failed with regard to some level of responsibility. The CPS investigator’s job is to gather evidence of the allegations made against the parents. CPS investigators will not tell you that anything you say to them can be used against you in a court. Police Officers have to provide potential criminals with Miranda Rights, but CPS investigators have no obligations regarding this type of disclosure.
The CPS investigator can pretend to be a good natured friend looking to get to the bottom of the matter while in reality engage in communications with you solely for the purpose of extracting information that can be used as evidence against you. You should be very careful regarding what you say to a CPS investigator. You should not sign any documents or releases unless you have a CPS defense attorney review those documents or releases. Be cautious if a CPS investigator knocks on your door!
CPS and Housing Problems Intervention
Having a child live in what is considered to be inadequate housing can be interpreted by CPS or ACS as child neglect. If a child or children live in a home that needs repairs and ACS or CPS are called to the home, they may feel it is an unsafe situation. The children can be removed on the basis of child neglect due to improper housing situations. In the event ACS or CPS removes a child from a home with housing problems, if you show you are trying to repair or fix the problem you may be able to get your children back. A parent has a legal obligation to provide a child with a safe, healthy and appropriate environment to live in.
The law firm of Schlissel DeCorpo LLP has been helping families deal with ACS and CPS for more than 30 years. We can be reached at 718-350- 2802, 516-561-6645 or 631-319-8262 or by e-mail at INFO@SDNYLAW. COM.