What CPS and ACS Workers Are Supposed To Do

When CPS or ACS receives notification of allegations of either child abuse or child neglect they are supposed to take the following actions:

1. Draft an investigation report. They can obtain information from collateral sources.
2. Provide a child assessment report to the family, which identifies concerns regarding family stability and assisting them to identify services and resources that would minimize future risk to the child.
3. Look into the child’s current safety situation.
4. Make determinations if there is a preponderance of evidence of child abuse or child neglect.
5. Provide counseling and training courses to the parents or guardians of the child.
6. Arrange the counseling and therapy for individuals at risk of physical or emotional harm.
7. Arrange emergency shelter for children who are suspected of being abused or mistreated.
8. Provide financial assistance to families where appropriate.
9. Participate in Family Court or Criminal Court cases against individuals charged with abuse or maltreatment of children.
10. Arrange for rehabilitation services for individuals charged with abuse or neglect of children.

All of the above items are what ACS and CPS workers are supposed to do. This does not necessarily happen.

What is Child Abuse or Child Neglect in New York State

Child abuse or child neglect is an act or failure to act by a parent or caretaker who is responsible for a child or children under the age of 18 that results in maltreatment of a child. This must be proved by ACS or CPS by a preponderance of evidence.

Rehabilitation To Get Off The Child Abuse Registry

Individuals on the child abuse registry can take action to present evidence that they had should come off the registry. They can do this by showing they have undergone programs to improve their life since the initial CPS or ACS case was made against them. This allows individuals who are on the registry and having employment problems to get off the registry.

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.