Child Abuse and Neglect Defense in New York
The ARQUETTE LAW FIRM, PLLC is dedicated to providing exemplary child abuse and neglect defense in New York’s Capital District and beyond. In line with this commitment, we strive to ensure our clients and the public are well-informed about child abuse and neglect allegations and investigations.
Understanding the Investigation Process
In the State of New York, child abuse and neglect allegations are taken very seriously. The Department of Social Services, through its Child Protective Services (CPS) unit, investigates such allegations. Reports can come from various sources, including anonymous hotlines, mandated reporters like doctors and school officials, and police agencies. If the CPS investigation finds minimally credible evidence suggesting that the allegations may be true and could impair the health and welfare of the child, CPS may file a report “indicating” the allegations against the person named in the report.
Consequences of an Indicated Report
An indicated report remains on record with the New York State Office of Family and Children Services until 10 years after the youngest child named in the report turns 18. This record may be disclosed upon request if the named person desires employment related to the care of children or disabled adults, seeks to be involved in daycare, aspires to adopt, wants to be a foster parent, pursues employment in law enforcement, or even aims to participate in or coach a child’s extracurricular or sporting activity.
Legal Implications and Rights Protection
CPS functions as an investigative body when it comes to child abuse and neglect allegations. Statements made to CPS case workers can be used against the investigated person in both family court and criminal proceedings. Therefore, it is crucial for individuals involved in a CPS report to seek legal counsel promptly. An experienced child abuse and neglect defense attorney can help protect your rights and interests throughout the process.
Potential Actions by CPS
If CPS determines that they believe the accused person has committed acts or omissions that constitute the maltreatment of a child, they may file a neglect petition in family court. This could lead to the removal of children from the homes of their parents or caretakers and cause the accused person to participate in services and be under the supervision and control of the Department of Social Services. If the children remain in foster care as a result of such removal for an extended period, the Department of Social Services may move to terminate parental rights and free the children up for adoption.
Request a Consultation with Us
Facing child abuse and neglect allegations is a grave matter that can have lasting repercussions. If you have been accused or are at risk of having your children removed from your custody, it is imperative to secure qualified legal representation as early as possible. Contact us today for unmatched child abuse and neglect defense. Our skilled family law attorney can help you navigate the complexities of the legal system and work to protect your rights, your interests, and your children.