ACS and CPS investigators have been known to show up at parents homes knock on the door without warning and have a police officer standing next to them. In some situations a CPS or ACS investigator will ask a police officer to accompany them to a family house claiming it is for their protection. However, the investigator in most of these situations understands this is an intimidation tactic. Both the CPS and ACS investigator are government employees. The investigators will most likely feel the police officer being present will intimidate the family. If neighbors are witnesses to their showing up create an embarrassing situation for the family members.
No Greater Authority
If the CPS or ACS investigator knocks on your door and there is a police officer standing next to them, they have no greater authority then if they are standing there by themselves. The surprise will be greater if the police officer is there , but this does not give the investigator or police officer any greater authority. It is strongly suggest suggested you be cautious if the CPS or ACS investigator shows up with a police officer. Your constitutional rights are not impacted by a police officer being present. You do not have to answer questions if you don’t want to. You do not have to invite them into your home. The 4th Amendment to the United States Constitution protects you against unreasonable searches and seizures. This means that unless there is an emergency or a child is in danger they need a court order to come into your home.
Obtain Information About The Investigator
The first thing you should do is get the name, address, phone number and email of the CPS or ACS worker. Also get the name of the police officer, the precinct he’s from, and his badge or her badge number. Yes, you may be intimidated, but your constitutional rights are still there. You do not have to invite them into your home. You can meet them at the door and find out what they are investigating. If you find the allegations against you are something you are not prepared to deal with, tell them that you’re going to consult with an attorney and you will get back to them after consulting with an attorney. The CPS or ACS worker may tell you have no right to have an attorney. If they do, they are lying. This is the United States of America and you have a constitutional right to have an attorney present at all aspects of an investigation against you. The technique of the ACS and CPS worker coming to your home, police officer in tow or police car outside your home may be intimidating. But this is America and even if you’re intimidated, you’re entitled to your constitutional rights. Do not waive them! Be strong! Your very freedom and your continued ability to parent your children may be at stake.
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.
