Child Protective Services (CPS) and Association for Child Services (ACS) operate as part of the Office of Children and Family Services. Their primary responsibility deals with investigating reports of alleged child abuse or child neglect. In some situations where there is extreme abuse or neglect, CPS or ACS can undertake removing children from their parents’ homes. While CPS and ACS have functions that seem to be similar to the police, they do not have law enforcement authority. Before CPS or ACS can take any action against a family they need a Court Order.
Actions CPS and ACS Can Take
The following are a list of actions that CPS or ACS can take based on powers given to them to protect the best interests of children in New York:
- They can interview children without parental permission. They have the authority to interview children who they believe have been subject to child abuse, child neglect or child maltreatment. They do not have to notify the parents of the interview. They can simply show up at the school and the school authorities will allow them to interview the children.
- CPS and ACS can ask probing questions of both children and parents.
- CPS and ACS can lay out safety service plans. These plans are usually not court ordered. CPS and ACS will expect the parents to comply with these service plans even if these plans are intrusive and do not work well in the parents’ lives.
- CPS and ACS can use statements made by parents against them in the Family Court or other courts.
- CPS and ACS can remove children from the families’ homes where they feel there is severe abuse and neglect. They can take legal action to obtain a court order to remove children from 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.
