When a family has an interaction with ACS or CPS, the investigations by these agencies can have significant consequences on parents and their children. ACS and CPS are technically child welfare agencies. However, they end up serving as a policing system involving parents. These agencies have significant authority over those families who come under suspicion. These agencies have the ability to make “emergency removals” of children from their homes. These removals can take place under certain circumstances outside of the hours of the Family Court, without prior notice. They can be made without submitting to oversight beforehand to make sure that the removals are justified.
Family Courts
The Family Courts in the downstate area in New York are extremely busy. There are often long delays between court appearances which keeps the children that are removed from their homes outside of living with their families for many months.
Child Abuse or Child Neglect Cases
ACS and CPS investigations can cause stress to families. It should be pointed out that the large majority of these cases are generally resolved without further action. Approximately 2/3rds of the abuse and neglect reports made to ACS and CPS are eventually found to be unfounded. Less than 10% of these cases ever end up litigated in the Family Courts in the State of New York.
The most important thing a parent can do when subject to an ACS or CPS investigation, is to contact and ACS or CPS lawyer to learn what their rights are and how to protect their rights, before cooperating with them, answering their questions or letting the into their homes.
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.
