Fair hearings are take place before an Administrative Law Judge. Child Protective Services “CPS” or Administration for Children’s Services “ACS” is represented by an Assistant County Attorney or Assistant Corporation Counsel in all of these proceedings.
Individuals charged with being indicated for either child abuse or child maltreatment have the right to be represented by an attorney. However, individuals who do not have the funds to hire an attorney are not entitled to have a free attorney provided to them for these proceedings.
Indicated Prior Child Abuse or Child Neglect
The purpose of a fair hearing to eliminate or seal a finding of child abuse or child neglect. At the hearing ACS or CPS has to prove by a preponderance of the evidence the allegations of child abuse child neglect.
60 Day Rule
After an investigation by CPS or ACS the individual who was investigated will receive a letter stating the allegations were either indicated or unfounded. If the allegations are indicted they have 90 days to make a formal written demand for a fair hearing. Individuals have a right to be represented by an attorney at these hearings. The hearings are conducted before an Administrative Law Judge. The formal rules of evidence at fair hearings do not apply. Decisions of the Judge are made in writing within 60 days of the hearing.
Child Removal by ACS or CPS
The large majority of ACS and CPS cases to not involve the removal of a child. However if a child is removed, the parents are entitled to a fair hearing to determine if the removal was proper and whether the child should be returned to the parents.
Removal for Safety Reasons
If ACS or CPS determine a child is in an unsafe environment they can initiate an emergency removal when the Family Court is not in session.
Family Court & Child Removal
ACS and CPS can remove a child if they decide that safety measurers cannot be put into place to eliminate a child from being in eminent danger.
Hire An Attorney
Do not try to litigate a child removal case on your own. You will be going into a proceeding that is weighted against you. You should immediately hire an experienced CPS & ACS defense attorney when a child is removed. Most general practice attorneys will not be familiar with how to litigate this type of case.
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 45 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.
