In cases where CPS or ACS seeks a child be removed from their family’s home they will usually go to the Family Court. They will make a presentation of evidence to the Judge. The family or parent will be allowed to challenge the evidence presented to the Court and present their own evidence. They can show falseness of the allegations or explaining any allegations that have been made against them. An initial removal case is often taken within a day or two of the complaint to CPS or ACS. This finds the family in a difficult situation dealing with events and circumstances they have absolutely no experience with. The first thing a family should do if they are presented with a removal situation is to contact an experienced CPS or ACS defense lawyer who will advise them of their rights and help them take legal action to avoid losing their child or children.
The steps an experienced CPS or ACS defense lawyer can take to help families will involve a review of the allegations, who made the allegations and the evidence, if any, exists to support the allegations. The attorney will be able to represent the parents in Court. A presentation can be made of evidence or testimony by the parents, friends, love ones, religious leaders, teachers, doctors or other individuals who know the parents and how they have been raising their child or children.
Criminal Investigations
In some circumstances allegations of child abuse, child neglect or improper sexual conduct is of such a nature that the police are also involved in the investigation. If the police come to a family’s home under any circumstances related to a CPS or ACS investigation, the family should immediately retain an experienced ACS or CPS defense lawyer. This represents a level of investigation that can lead to the parent involved being arrested. In addition, it can not only cause the children to be removed from the home, but it can also cause the parent or parents to go to jail.
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.
