When you consult with the attorney, they should obtain all of the records and relevant information regarding the case. The attorney should demand a copy of all records maintained by ACS and CPS.
Indicated for Child Abuse or Child Neglect
If you have been indicated for child abuse or child neglect the law firm should file an appeal. In the appeal request the finding against you and all records maintained against you by ACS or CPS be deleted. In the event there is an explanation regarding the allegations against you, the law firm should submit a detailed response. If a Judge is involved, provide the court and the prosecutor for ACS with information on the case explaining why you were not guilty of the allegations maintained against you.
Family Court
If your case goes to Family Court the defense counsel should aggressively represent you and present your side of the case.
The Appeal
If a hearing does not go your way, an appeal can be provided within 90 days of you being indicated for child abuse or child neglect or 30 days from a Family Court decision.
In the unlikely event your child was removed or is going to be removed, your lawyer should see to it the grandparents, sisters, or brothers or friends who you think would be suitable should receive temporary custody of your child. While your child is removed from you, you should be placed into programs to convince the court you have been rehabilitated to be a better parent and the children should be returned.
Should You Represent Yourself Regarding CPS or ACS Proceedings
The answer that question is no! The procedures the court goes through will be far more complicated than you realize. You will not be aware of all your rights and things that can be done to protect you. Let’s presume for argument’s sake you have actually committed the allegations that are made against you. This does not mean you’re going to lose your children or you’re going to be prosecuted and the prosecution against will be successful. You have a right to be defended even if you have done all of the things they allege against you. This is America. You have rights!
Elliot S. Schlissel, Esq. is the managing partner of Schlissel DeCorpo LLP. He has been practicing law for 42 years. Elliot, his partner Nathan DeCorpo, and their associates represent individuals in child abuse and child neglect investigations throughout the Metropolitan New York area. The law firm has been involved in handling these cases for more than 45 years. Elliot, Nathan and their associates have extensive experience dealing with scores of cases and successfully defending their clients regarding allegations of child abuse and child neglect. Elliot and Nathan can be reached at 800-344-6431 or e-mail Elliot at Elliot@sdnylaw.com or Nathan at Ndecorpo@sdnylaw.com.
