Mothers and Fathers who are being prosecuted by CPS often feel they’d be better off going to jail than losing the custody of their children. Investigations by CPS and ACS can be invasive and terrifying for the parents. Decisions regarding the fitness, compliance and the determination by CPS and ACS are decided on the lowest judicial standard of evidence. This is referred to as “the preponderance of evidence”. This amounts to 51% of the evidence in the situation. This is very different from the standard in criminal cases which is “beyond a reasonable doubt”.
Levels of proof
Levels of proof that CPS in ACS are required to prove involving issues regarding child abuse, child maltreatment or child neglect are so minimal that it gives the accused very little protection against abusive, prejudice, or discriminatory exercise of power by CPS and ACS investigators. Often vague accusations such as “failure to protect the child” is the basis for CPS or ACS prosecution.
Unnecessary Programs
CPS and ACS also will require parents to engage in unnecessary counseling, mediation sessions, anger management sessions, parenting programs and other actions such as taking urine tests for alcohol and drug abuse. CPS and ACS are public agencies. The improper actions taken by their investigators are often the result of the structure of the system, the poorly organizational set up of the system, the lack of proper training, and the failure of proper management supervision. Unfortunately well-intentioned CPS and ACS investigators get caught up in the system and are unable to prevent the injustice that often takes place as a result of their investigations and the manner in which their organization handles their investigations.
The attorneys at Schlissel DeCorpo, LLP have been helping clients deal with CPS and ACS problem for more than 45 years. They can be reached at 1-800-344-6431 or emailed at elliot@sdnylaw.com.
