Anyone can file a complaint against anyone else to Child Protective Services, hereinafter referred to as “CPS” or the Administration of Children’s Services hereinafter referred to as “ACS”. This includes neighbors, teachers, former lovers and individuals who have an axe to grind against you. Most of the cases reported to CPS and ACS involve some type of allegations of child neglect or child abuse. A smaller portion involve allegations of specific child abuse situations.
HOW CPS AND ACS HANDLE COMPLAINTS
Once CPS and ACS receives a complaint, they’re legally obligated to investigate. As to whether or not to investigate, CPS and ACS usually do not take into consideration the minor nature of the complaint, or the lack of credibility of the individual making the complaint. If a CPS and ACS worker comes to your door and he or she will not tell the individual being investigated about their rights. They will tell the parents they have a right to come into their home to investigate to make sure the children are safe. They will seek to question the parents about issues involving the children. Sometimes they’ll ask that the children get undressed so they can look at their body and look for signs of abuse.
UNRELATED PERSONAL QUESTIONS
CPS and ACS workers will usually ask very personal questions. Unfortunately, there are no Miranda rights Involving CPS and ACS workers. However, anything a parent or individual being investigated tells a CPS or ACS worker can be used against them in court.
Elliot S. Schlissel, Esq. has been representing clients who have been investigated by CPS or ACS for more than 45 years. He can be reached at 800-344-6431 or emailed at elliot@sdnylaw.com.
