For over two decades, The Gilmer Law Firm, PLLC has represented parents, educators, medical professionals, law enforcement officers, and childcare providers who’ve been indicated in ACS (Administration for Children’s Services) or CPS (Child Protective Services) cases. If your name has been flagged in the State Central Register (SCR), we can help you clear it and protect your future.
What’s the Difference Between ACS and CPS?
While ACS and CPS serve similar roles, the distinction lies in geography:
- ACS handles child protective cases within New York City.
- CPS operates in the rest of New York State.
Both agencies investigate reports of child abuse or neglect, and both can have a significant impact on your career and parental rights.
Understanding the ACS/CPS Investigation Process
An ACS or CPS case typically begins with an anonymous call to the New York State Central Register. If you are named in the report, you become the “subject,” and an investigation may begin immediately.
What to Expect During the Investigation:
- Initial Visit: CPS often shows up at your door within 24 hours.
- Notification: You’ll receive a letter stating that an investigation has been opened.
- Ongoing Monitoring: Investigators may visit your home twice a month over 60 days.
- Interviews and Authorizations: They may request to speak to your children, access medical or school records, or talk to your service providers.
Tip: Before sharing any information or documents, consult an experienced ACS/CPS defense attorney. Many subjects unintentionally harm their own case by oversharing or making inconsistent statements.
Do All CPS Cases Go to Court?
No. Not every CPS or ACS case ends up in court.
- Article 10 Cases: Only if CPS believes the child is in imminent danger or ongoing risk will the case be brought to Family Court under Article 10.
- Non-Court Cases: In many instances, the agency continues its investigation and closes the case without involving the court. However, the outcome can still result in an indicated report and registration in the SCR.
Whether or not your case goes to court, the consequences can affect your job, reputation, and access to children—so early legal guidance is essential.
Indicated vs. Unfounded Findings
After the 60-day investigation period, CPS or ACS will issue a letter with their findings:
- Indicated: The agency believes there is “some credible evidence” of abuse or neglect.
- Unfounded: The allegations could not be substantiated.
If you do not receive your results, follow up with your caseworker. In many cases, people only discover an indicated finding when they apply for a job involving children or vulnerable populations.
How to Appeal an Indicated CPS or ACS Case
If your case is indicated, you have 90 days to request an appeal.
Appeal Process:
- Administrative Review: A preliminary internal review of the decision.
- Hearing Before an Administrative Law Judge (ALJ): If the appeal is not successful, the case proceeds to a formal hearing.
The burden of proof is on the agency. They must show, by a preponderance of the evidence (51% certainty), that abuse or neglect occurred. Hearsay is allowed, and often, the agency relies on case notes rather than live testimony. Your attorney will challenge the investigation, cross-examine witnesses, and present your evidence.
What Is a Section 422 Hearing?
A Section 422 hearing under the Social Services Law has two key components:
Prong One: Did Abuse or Neglect Occur?
The court will evaluate whether you:
- Failed to exercise a minimum degree of care
- Knew or should have known of danger to your child but did not act
- Created a situation where your child was harmed or in imminent danger of harm
If the judge finds that abuse or neglect did not occur, your record will be sealed.
Prong Two: Is the Finding Relevant to Employment?
Even if the ALJ finds that abuse or neglect occurred, your attorney can still argue that the incident is not relevant or reasonably related to your ability to work with children. The ALJ will weigh factors like:
- The severity and context of the incident
- Time since the incident occurred
- Your current role and responsibilities
- Evidence of rehabilitation
- Character references and employment history
If you win this prong, your name will be sealed, and the report will not be disclosed to employers.
Why You Should Avoid Section 424 Appeals
While Section 424 appeals are available, they do not allow you to present evidence under the second prong. That means you lose your chance to prove that your case isn’t relevant to your employment. Many clients have mistakenly appealed under the wrong section and had to request a conversion to Section 422—something OCFS does not always grant.
Tip: Always speak with a qualified CPS/ACS attorney before submitting appeal paperwork.
Experienced ACS and CPS Defense You Can Rely On
With over 20 years of experience, we have represented hundreds of individuals in administrative hearings. Whether you are a parent, teacher, or healthcare worker, we understand how much is at stake—and I’m here to help you fight back. Contact The Gilmer Law Firm, PLLC, today for a free phone consultation and take the first step toward clearing your name and securing your future.
