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...]
New York Orders of Protection Explained
An Order of Protection is an order granted by a court which protects one individual from another. Individuals who are threatened or who have been abused or assaulted can request an Order of Protection in New York. If an Order of Protection is granted, it can require the alleged abuser to: stay away from the home or other location of the … [Read more...]
VIDEO: Orders of Protection
Please click on the link below to watch today's video blog on the topin of Orders of Protection: Elliot S. Schlissel is an attorney with nearly 45 years experience representing clients in all aspects of Family Law. He and his associates may be reached for consultation at 516-561-6645, 718-350-2802 or by email to elliot@sdnylaw.com. … [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...]
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...]
The Grandparents’ Custody Lawyer – Part II
Children's Best Interests There are a variety of factors which can be considered by a court when looking into whether the children's best interests would require the grandparents to receive custody of their grandchildren. Some of these factors are: whether there is domestic violence in the parents' home whether the parents have drug or … [Read more...]
