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...]
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...]
Child Abuse – Mandatory Reporters
Child Protective Services (hereinafter referred to as "CPS") and the Administration for Children's Services (hereinafter referred to as "ACS") are charged with protecting the rights of children who are unable to protect themselves. To a large extent, they do a good job. However, these agents of ACS and CPS have been known to harass families, remove … [Read more...]
What To Do if a Child Protective Services or Administration for Children’s Services Worker Contacts You
Virtually anyone can report you to Child Protective Services (hereinafter referred to as "CPS") or the Administration for Children's Services (hereinafter referred to as "ACS"). This will trigger an investigator either coming to your house or contacting you on the phone. When they initially contact you, they will advise you they need to speak to … [Read more...]
Mother Criminally Charged For Locking Up Children In Her Room
In the case of People v. Leonard, New York State Court of Appeals rendered a decision that the kidnapping of an individual's own child, even though the individual was the residential custodial parent, was not a "legal impossibility." The Court of Appeals said that while parents have a right to control their children's movements, there are cases … [Read more...]
Mother Seeks to Keep Children Away From Killer
In 1991, Kristine Cushing killed her four and eight year old daughters. She was tried for these murders and found not guilty by reason of insanity. Her defense counsel claimed that she murdered her children due to a bad reaction to Prozac. Kristine spent four years in a mental institution. In addition, she had ten years of psychiatric monitoring. … [Read more...]
Divorce Rates For Women In the Military
Divorce rates for women in the military is double the divorce rate for men in the military. Approximately 8% of the women in the Armed Services of the United States obtained a divorce in 2010. Only 3% of the men in the military were divorced in that year. Dr. Benjamin Carney, a psychology professor at UCLA, conducted a study of divorce rates … [Read more...]
