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Dealing with ACS and CPS Investigation

Sad little child, boy, hugging his mother at home

The Administration for Children’s Services (hereinafter referred to as “ACS”) and Child Protective Services (hereinafter referred to as “CPS”) investigate abuse and neglect allegations. Both of these agencies usually initiate investigations based on anonymous phone calls to a child abuse hotline. Once the call is made an investigator is assigned to the case. These investigations can result in a parent being dragged into court and threatened that his or her children are going to be placed with a foster care family. The best way to deal with the CPS or ACS investigation is to retain competent experienced legal counsel to defend you and protect your interests before your case ends up in court.

ACS and CPS Investigators

If you let the ACS or CPS investigator into your house and it is not neat, tidy and organized they will suspect there is abuse or neglect. My experience is letting these investigators into your house usually causes greater problems and does not resolve most problems. I suggest you speak to the investigator at the door and say you will schedule an appointment to meet with the investigator when you have your attorney present. They will tell you at that point you have no right to have an attorney and they can come into your house. They are lying. The Fourth Amendment to the United States Constitution prevents unreasonable search and seizures. They do not have a search warrant. They cannot come into your house. But once you invite them into your house or apartment they will look around. They will see if there is alcohol available at your house. They will look for evidence of marijuana. They will open your refrigerator and see what is in it. They will look into your closets.

Search Warrants

Unless the ACS or CPS investigator shows up at your house backed by police and has in their hand a court order allowing them to search and investigate your home, I suggest you do not let them in! In addition if you do not wish to speak to the ACS or CPS investigator unless they have a court order, you do not have to talk to them. I strongly suggest if an ACS or CPS investigator shows up at your door you open your door, you go out and see them and ask them what the allegations are against you. You are entitled to know this. In response you tell them they are false and you would like to schedule a meeting with them and your attorney to deal with these issues. You have an absolute right to be represented by counsel. Attorney Elliot SchlisselDo not let the investigator push you around. They have no right to force their way into your house or apartment.

Should you have questions with regard to ACS or CPS investigations, you can contact our law office at 516-561-6645, 718-350-2802 or 631-319-8262. We have been representing clients for types of cases for more than 3 decades.

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