CPS and ACS are charged with investigating reports of child abuse, child neglect or child maltreatment. When reports are made, they usually investigate to determine whether a child is at risk. They will also often go to the school to question the child or children that are involved. Most investigations are the result of either a school, an individual, or some person filing an anonymous report of allegations of child abuse of child neglect. The fact that a report is filed does not mean that abuse or neglect has taken place. However, the investigator will usually assume the report is accurate and seek to get information to support the allegations made in the initial report.
The Interview Process
Initially the interview process is to access the risk level for a child related to the allegations made. CPS and ACS workers must determine whether the child is at risk in his or her living environment. The factors they will look into in the course of their investigation involve whether the parent or guardian has a prior CPS or ACS history. They will look into the seriousness of the alleged abuse or neglect allegations. They will also look into whether there are relatives or other persons who may have caused the abuse or neglect.
Court Intervention
If the CPS or ACS worker feels there is an immediate danger to the child, they will seek court intervention. This step will involve CPS or ACS taking an action to remove the child from the home on a temporary basis. Removal decisions are taken very seriously because they effect families and parental rights.
Placement of Child and Removal Occurs
If CPS or ACS feels a child is in danger a placement of the child is necessary. Placement may be with the child’s closest relative. In the event there are no relatives available for placement of the child or children, the children may be placed in foster care.
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.
