For ACS or CPS to initiate an investigation there only has to be what they refer to as reasonable suspicion that there is suspected child abuse. child maltreatment or child neglect. Reasonable cause is interpreted by CPS or ACS as any person making any claim against any other person regarding your children.
Intrusive Investigations
Statutes creating the child protective network specifically state that CPS and ACS reports should be made only when an reasonable basis and there should not be intrusive investigations. The problem we have today is overreporting and over investigation which continues to be a serious problem. Approximately two-thirds of all reports to the State Central Register in Albany turn out to be false.
The Determination Made As A Result Of The Investigation
Investigations should determine whether there is credible evidence of child abuse or child neglect. However, Child Protective Agencies are required by law to investigate every complaint. The problem is that groundless complaints are investigated by CPS and ACS workers. They are afraid that if they don’t indicate every body that comes before them, that negative action may be taken against them if at some point later in time that child is abused or neglected. To say it simply, they are afraid for their jobs if they don’t indicate virtually every family member that is investigated for child abuse, child neglect or child mistreatment.
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.
