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THE NEW YORK STATE CHILD PROTECTION SERVICES ACT (1973)

The New York State Child Protection Services Act (1973)The purpose for Child Protective Services (CPS) is to prevent abuse or maltreatment of children. There are 5 fundamental components of the statute:

  1. Protection of children who are in danger. This includes creating mandatory reporters of child abuse and/or maltreatment.
  2. Emergency protective custody. Removing children from families’ homes in emergency situations.
  3. State Central Register of reports of suspected child abuse and/or maltreatment was created.
  4. Child Protective Services were designed to provide immediate protection of children in need. They also exist for the process of helping families by providing rehabilitative services.
  5. Taking Court action to remove a child when necessary.

Child Protective Services Failure

For a scheme that was designed to help families, the system has turned into a scheme to punish families. CPS and ACS workers do not tell parents why they are being investigated. They do not advise the people that are being investigated that their sole purpose is to find evidence against them. They do not corroborate information, instead they assume anything said negative against the people that are being investigated is true. They do not take into consideration an explanation of events by the parents or other people being investigated.

The CPS and ACS system, instead of being a system that primarily works to help children in danger, is a system that primarily responds to any allegation no matter how ridiculous, absurd or irrelevant to the protection or maltreatment of a child as an allegation that should be investigated to try to prosecute someone.

schlissel-headshotThe 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.

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