Mandated reporters have an obligation to report all suspected situations of child abuse, child neglect or unsafe living conditions. Mandatory reporters involve teachers, doctors, police officers and many other individuals. Friends, relatives, scorned lovers, neighbors, people who have issues against the parents can also anonymously contact CPS or ACS and make false, inaccurate or outrageous allegations that are simply untrue. However, CPS and ACS have a legal obligation of following up on allegations of child abuse, child neglect or inappropriate activities involving children.
CPS and ACS case workers will usually come to the parent’s home shortly after the complaint is made. They may also go to the children’s school to interview the children.
No Miranda Warning
If you were charged with a crime the police office have to give you the Miranda Rights. CPS and ACS workers do not have to discuss any rights with you. Be advised that anything you say to a CPS or ACS worker can be used against you. Your statements can be used to try to remove your children from the home. You should not make statements that may involve improper conduct, abuse or neglect to a CPS or ACS case worker without first consulting with a ACS or CPS lawyer.
The Outcomes of CPS and ACS Investigations
There are two possible outcomes of CPS and ACS investigations. The first is that the case is closed and the allegations are declared to be unfounded. If the CPS or ACS investigators feel the allegations are substantiated, you will be indicated for child abuse or child neglect. If these allegations are substantiated ;legal action can be taken to appeal this determination which can have a negative impact on a parent’s life.
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.
