In extreme cases the Family Court may consider the termination of parental rights as a result of CPS or ACS investigations. A decision of this nature permanently ends the legal relationship between the parent and the child. The Courts only take this action if the Judge believes the child cannot safely be returned to his or her home. Termination of parental rights is so extreme and so serious that legal representation by the parents in cases of this nature is absolutely essential.
Investigation Process
Most families have no idea what to expect during the CPS or ACS investigation. The process comes at a time of emotional stress for the parents. The process can involve interviews, home visits and multiple court hearings. Parents should seek legal representation. They should be prepared to cooperate with CPS or ACS while also protecting their rights and carefully responding to questions and interviews. This is an extremely difficult time for parents. Parents are facing losing rights to live with children they love is n extreme remedy. Nothing could be more significant in a parent’s life.
Steps Parents Can Take to Protect Themselves
Parents who are investigated should take pro-active steps. These steps can protect their children and they also can help protect the parents themselves.
When the CPS or ACS investigator comes to the parent’s home, they should get the investigator’s name, contact information and the name of the investigator’s supervisor. They should ask the investigator why they are there. They should ask the investigator what are the allegations against them. They should advise the investigator that they are prepared to cooperate, but first they would like to meet with their attorney to discuss their rights.
The parents should immediately seek legal advice. An experienced ACS or CPS defense lawyer can be the difference between the parents being found guilty of abuse or neglect or having a case dismissed. The parents should avoid confrontations with the investigator. The investigators are doing their job. Confrontations are not helpful. Parents should remain as calm as possible in this difficult situation.
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.
