This is how a CPS or ACS case starts. You receive a knock on your door. There’s an investigator from CPS or ACS at the other side of your door. They advise you someone has filed a complaint against either you or the children’s other parent. The complaint involves abuse or neglect issues. What do you do now?
Guilty Until Proven Innocent
CPS and ACS work under the premise allegations anonymously called into them are true. When they come to your house, the purpose of their visit is not to ascertain whether you’re innocent or guilty. They are there to find evidence of guilt related to child abuse or child neglect.
Suspicion
The anonymous allegations create the suspicion within CPS or ACS something needs to be investigated. When the CPS or ACS worker comes to your door, the first thing you need to do is to get their name, contact information and ask them what the allegations are against you. If the CPS or ACS worker advises you they don’t have to tell you what the allegations against you are, I suggest you do not communicate any further with the case worker. At that point you need to retain an experienced CPS or ACS defense attorney to deal with the situation.
The Investigator
A CPS or ACS investigator is not a police officer. They don’t have to give you Miranda Rights against self incrimination. Anything you say to them can be misinterpreted. If you decide to enter into a conversation with the CPS or ACS investigator, I suggest you don’t invite him into your house. Discuss the issues in the doorway. They have no right to come into your house. Even if they show up with the police, they still have no right to come into your house. The 4th Amendment to the United States Constitution protects you against unreasonable searches and seizures. They need a court order to search your house. The only exceptions to needing court order is if there is an emergency situation taking place inside your house.
The ACS or CPS investigator may tell you this is no big deal they just want to clear up their records. This is a con job. You need to be very careful what you say to them. If they make any threats, I strongly suggest you end your communication with them and retain experienced counsel to represent you.
Elliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. He has been practicing law for 42 years. Elliot, his partner Nathan DeCorpo, and their associates represent individuals in child abuse and child neglect investigations throughout the Metropolitan New York area. The law firm has been involved in handling these cases for more than 30 years. Elliot, Nathan and their associates have extensive experience dealing with scores of cases and successfully defending their clients regarding allegations of child abuse and child neglect. Elliot and Nathan can be reached at 800-344-6431 or e-mail Elliot at Elliot@sdnylaw.com or Nathan at Ndecorpo@sdnylaw.com.
