An attorney for CPS will file a Petition with the court. The Petition will state the basis of the child neglect, child maltreatment or child abuse that is the reason for CPS bringing this case to court. The parents will be served with legal documents. In some emergency cases the CPS workers in coordination with the police will remove the children from the home to avoid their being maintained in a dangerous situation. Thereafter the parents are served with a copy of the Petition. At the time of the court date a judge will decide whether the children should remain removed from the home, be returned to the parents, or other action should be taken with regard to the parents.
The best way to avoid sanctions being taken against the parents or having the children removed from the home, is to hire a CPS attorney to represent the family members charged with the abuse, maltreatment or neglect.
The following is a list of some of the actions a judge can take when a Petition for a child abuse, child maltreatment or child neglect is brought into the Family Court in New York. The judge can:
- Remove the children from the home
- Issue Orders of Protection protecting the children and possibly Order of Protection protecting one parent from another
- Dismiss the case if the judge feels there is inadequate evidence to prove the child abuse, child maltreatment or child neglect
- Remove the children from the home if the judge feels this will be necessary to protect them
- If the children are removed from the home, the judge can appoint other family members to watch the children during the pendency of the court proceedings or the children can be turned over to the Department of Social Services to be placed in foster care
- Take other actions they believe to be in the children=s best interests
The law firm of Schlissel DeCorpo LLP has been helping families deal with ACS and CPS for more than 30 years. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at info@sdnylaw.com.
