Levels of Proof In proceedings brought in the Family Court by CPS, the level of proof necessary to establish child abuse or child neglect is minimal. The formal rules of evidence which apply in other courts do not apply here. CPS workers can present hearsay evidence from third parties. They can present statements from three year olds or four … [Read more...]
Child Removal Proceedings by Child Protective Services – Part I
Child Protective Services (hereinafter referred to as "CPS"), provides an important public service by protecting innocent children from difficult circumstances. We applaud CPS workers for protecting children from violence, negligence and inappropriate circumstances. This article, however, is about CPS workers threatening to remove or removing … [Read more...]
The Removal of Children From Their Parents’ Homes by CPS and ACS Workers
Child Protective Services (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") are social service agencies which have one extreme power. This is the power to have children removed from their parents' homes. The intent of this power is to avoid children from being exposed to future … [Read more...]
Child Protective Services and Mandatory Reporters
The purpose of this article is to provide a discussion on how innocent parents can sometimes fall into the net of Child Protective Services' (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") investigations even when they have done nothing wrong. Mandatory Reporters The laws in … [Read more...]
ACS Cannot Prove Mother Neglected Her Children
The Administration for Children's Services (hereinafter referred to as "ACS") had filed a petition against a mother, Simone S. They claimed she had neglected her child, Xavier. The matter was heard by Justice Valerie Pels in a Family Court in New York County. ACS took the position Simone did not provide adequate supervision and guardianship for … [Read more...]
ACS Removes Child From Parents’ Home Without Just Cause
The Administration for Children's Services, hereinafter referred to as ("ACS"), brought a proceeding claiming that parents had neglected a one year old child. They claimed the parents were providing inadequate guardianship. They took the position the baby fell in the park and sustained an injury to his face. Despite the child being injured, ACS … [Read more...]
Child Abuse and Mandated Reporters – Part II
Vigilance By Parents If you or other members of your family are contacted by CPS with regard to an allegation of child abuse don't be surprised if the police eventually show up at your doorstep to investigate the same occurrence. The best way to deal with allegations, no matter how silly, of child abuse and child neglect is to immediately … [Read more...]
Child Abuse and Mandated Reporters – Part I
There are a number of mandated reporters of child abuse and/or neglect. There are many mandated reporters in New York who have legal obligations to report suspected and/or potential child abuse to Child Protective Services. Mandated reporters include doctors, nurses, school nurses, teachers, counselors, psychologists, police officers, and guidance … [Read more...]
Removal Of Children From Homes by Child Protective Services
Child Protective Services (CPS) investigates abuse and neglect complaints against parents. If they have reasonable belief children have either been neglected or abused mentally or physically, they may seek to have the children removed from the family's home. Family Court Proceeding Abuse and neglect proceedings are brought in the Family Court in … [Read more...]
Mother Brings Application To Regain Parenting Rights
Tune in to today's video blog where we are discussing a case in which a mother brought an application to regain her parenting rights: Elliot S. Schlissel is a family law attorney. Elliot has been representing parents in child custody, CPS and ACS investigations and other family matters for more than 45 years. He and his associates can be … [Read more...]
