It is an extremely depressing and disorienting experience for family members when a CPS or ACS investigator knocks on their door based on an alleged complaint. The best way to deal with CPS or ACS investigations is to take quick action to ensure all your rights and the rights of your children are safe guarded. In situations where individuals are specifically accused of child neglect or child abuse it is important you be aware that you have rights under New York State law.
The Investigation
Child abuse or child neglect complaints usually comes from either a mandatory reporter or an anonymous call by an individual. It can be a neighbor you have had a dispute with, someone who wants to get back at you, a former lover, virtually anyone can file a complaint against you. Unfortunately, there is a presumption by CPS and ACS investigators almost all complaints which do not amount to nonsense are true. The investigator when he or she comes to your house is not looking to find out if you are innocent or guilty. They are coming to your house to find evidence to prove the validity of the complaint.
Besides the investigation creating this stressful home life situation, it exposes the individual being investigated to both potential criminal and civil penalties.
The Investigation Process
When the investigator comes to your home, he or she is there to make an assessment with regard to the allegations of child abuse or child neglect. If the investigator feels there is potential for immediate danger to the children they make seek court action to remove the children from the home. If the investigator just feels there is misconduct, they may just take action in the Family Court against the parents or individual who has engaged in the inappropriate conduct.
Talk To The Children
The investigators will want to initially talk to the children. Sometimes investigators are reasonable and sometimes they are not. Should you feel you are being harassed or inappropriately charged with child abuse of child neglect it is important to hire and attorney early on during the course of the investigation. You should retain a lawyer who has specific expertise in dealing with child abuse and child neglect allegations by CPS or ACS. This is not an area of the law most general practitioners are familiar with.
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.
