There should be a list of the rights in the State of New York a parent or caretaker of children has in dealing with CPS or ACS. A parent of the child or children has no obligation without there being a court order, to permit CPS or ACS workers to enter their home. Parents have no legal obligation without there being a court order, to even speak to the CPS or ACS worker. If the parent or caretaker speaks to the CPS or ACS worker, any information that they provide can be used against them.
INFORMATION REGARDING THE PURPOSE OF THE CPS or ACS INVESTIGATION
Caretakers of children and parents while the subject of an investigation by CPS or ACS, should be provided with information regarding the allegations they’re being investigated for.
THE ADVICE FROM AN ATTORNEY
The parents are entitled to have the advice and representation of an attorney and to have an attorney present when they are questioned by the CPS or ACS investigator. However, the writer’s experience is the investigator usually tells the person being investigated they have no right to an attorney at any stage of the CPS or ACS investigation! Parents and caretakers are not obligated to let CPS or ACS representatives meet with the child, look at the child and have the child undressed before them to see if they’re not injured or, talk to the child.
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.
