When a Child Protective Services worker knocks on a family’s door for the purpose of removing the children from their home, this is an incredibly traumatic experience. This is usually caused by someone filing a complaint of child abuse or child neglect against the parents. When the child abuse worker comes knocking on the parent’s doors regarding allegations against the parents of child neglect or child abuse, the parents must take action to protect themselves.
A police officer, neighbor, therapist or other individual can file a child abuse or child neglect claim anonymously. When the Child Protective Services organization reviews the allegations, they make an initial determination whether the accusations are credible and if they should be investigated.
No Miranda Rights
There are no Miranda rights in child abuse cases. Miranda rights only apply to criminal matters. Anything a parent says to a Child Protective Services (“CPS”) or Administration for Children’s Services (“ACS”) worker can be used against them. If the ACS or CPS worker feels there is potential risk to the child or children, the child or children can be removed. An ACS or CPS worker can call the police to help them remove the child or children.
Section 1028 Hearing
Section 1028 of the Family Court Act allows a parent to demand a hearing to have their children returned. Hearsay evidence is allowed at this hearing. Parents whose children have been removed must demand a 1028 Hearing and they should not try to conduct this Hearing without having a qualified experienced ACS or CPS defense attorney representing them.
The law office of Schlissel DeCorpo LLP are parents’ advocates and defenders of CPS and ACS investigations can be reached at 516-561-6645, 718-350-2802, 631-319-8262, or 914-998-0082 or by e-mail at info@sdnylaw.com.
