If you are ever notified that you are the subject of a report made to the Child Protective Services (CPS) in New York, it is important that you know your rights. An experienced lawyer can help you.
What Happens When You Receive A CPS Report
After CPS conducts its investigation, you will then be notified in writing of the findings.
If the letter you receive after CPS conducts their investigation states that the report is unfounded, then the matter is closed in your favor and no further action needs to be taken by you.
However, if CPS makes a determination that the report made against you is founded, you will receive a letter stating that the report has been indicated against you. This means that there was credible evidence to establish that you abused or neglected your child or children.
If the report is indicated against you, you will have only 90 days to challenge the findings and request that the report be amended to read unfounded meaning that there is no creditable evidence that you neglected or abused your child or children. If CPS refuses to amend the indicated report against you — provided you timely request a hearing — CPS will give you a fair hearing which is your opportunity to clear your name at a hearing before an administrative law judge.
If A CPS Report Against You Is Indicated
It is important to note that if the report against you is indicated, CPS has two options:
- The first option is that they indicate the report and leave it at that, meaning no further action will be taken against you except that your name will remain on the child abuse register until 10 years after the youngest child reaches the age of 18, meaning when that child attains the age of 28.
- Or, if the report is indicated against you, and CPS determines that your conduct is serious enough to warrant Family Court intervention, the County Attorney can file a petition against you for abuse or neglect under an N docket requiring you to come to court to answer the petition.
Experienced And Aggressive Legal Help For Long Island Clients
It is extremely important that if you are petitioned to court under an N docket, you should seek the assistance of an aggressive family law attorney to protect your interests because the action taken against you could lead to your child or children being taken from you and being placed in foster care or with relatives.
"Thanks to Mr. Jusino for supporting me and seeing me through most difficult life events I had to face not only with divorce but also handling CPS cases . . . . ." Judith Sochinski — Client Review
Call the law firm of Phillip J. Jusino & Associates, P.C., if you are involved with CPS and want to know your rights. Send us an email or call our office on Long Island at 631-615-1724 today to schedule a free consultation.