If you’ve been contacted by the Administration for Children’s Services (ACS) about a child abuse or neglect investigation, one of your first questions may be: Can ACS close an investigation before 60 days? The answer is yes—under specific conditions. Knowing when and how ACS can close an investigation early is crucial for protecting your family and peace of mind.
At The Gilmer Law Firm, PLLC, our experienced Brooklyn ACS investigation attorneys and New York CPS investigation lawyers help parents navigate the frightening and often confusing child protective system. We act quickly and aggressively to prevent removals, fight false reports, and get cases closed—as early as possible.
What Is the 60-Day Rule in ACS Investigations?
New York law gives ACS up to 60 days to complete a child protective investigation. During this time, ACS must determine whether to:
- Indicate the report (i.e., find “some credible evidence” of abuse or neglect), or
- Unfound the report (i.e., find no credible evidence)
This requirement is codified in New York Social Services Law § 424(7). ACS must also report its determination to the New York Statewide Central Register (SCR), which maintains a record of all reports—whether founded or unfounded.
However, despite the 60-day deadline, there’s no requirement that ACS must take the full 60 days to complete an investigation.
When Can ACS Close an Investigation Early?
According to ACS and OCFS policy guidelines, an ACS caseworker can close an investigation before the 60th day under certain conditions, including:
- The allegations are unfounded (i.e., no credible evidence of abuse or neglect)
- There are no current or ongoing safety concerns
- All mandated interviews and home visits have been completed (including with parents, children, and collateral contacts)
- The family does not require continued protective or preventive services
In these circumstances, the caseworker may submit the case for early closure after obtaining supervisory approval.
Our job as your ACS investigation attorney is to ensure ACS has everything it needs to close your case fast, while also protecting your constitutional rights every step of the way.
Why Would ACS Close a Case Before 60 Days?
ACS is one of the busiest agencies in New York City, with tens of thousands of cases annually. If a report turns out to be baseless, retaliatory, or clearly unfounded, it is in ACS’s interest to close the case early and move on.
Still, this does not happen automatically. You need a knowledgeable Brooklyn CPS investigation attorney to push for early closure, including:
- Preparing you for interviews
- Ensuring ACS complies with procedures
- Submitting helpful evidence (school attendance, medical records, etc.)
- Demanding closure once all criteria are met
What If ACS Goes Over the 60-Day Deadline?
If ACS doesn’t close the investigation within 60 days, the case is flagged for supervisory review. Common delays may include:
- Difficulty locating or interviewing individuals
- Awaiting medical or psychological evaluations
- Related criminal or Family Court proceedings
However, unjustified delays or dragging out an investigation without probable cause may violate agency policy—and your constitutional rights.
If you believe ACS is unfairly keeping your case open, The Gilmer Law Firm PLLC can demand closure, file administrative complaints, or even take the matter to court.
What Happens If the Case Is Unfounded But Still in the Register?
Even if your case is closed early and determined to be “unfounded,” the existence of the report remains on file in the State Central Register (SCR) for up to 10 years—especially if you work with children.
That’s why our work doesn’t stop at early closure. As your CPS investigation attorney, we fight to:
- Seal or expunge the record
- Appeal the findings
- Clear your name in Family Court or through Article 78 proceedings
Your Rights During a CPS or ACS Investigation
Most parents don’t know that you can refuse entry unless ACS has a court order. You can also refuse interviews, demand a copy of the allegations, and speak with an attorney before answering questions.
At The Gilmer Law Firm PLLC, we make sure that ACS and CPS don’t overstep their bounds. If they do, we’re ready to fight back and raise constitutional claims on your behalf.
Your rights include:
- Being informed of the nature of the allegations
- Having an attorney present at interviews
- Refusing searches without a warrant
- Receiving notice of the investigation outcome
- Requesting early closure if criteria are met
Don’t Wait – Early Legal Representation Matters
The earlier you speak with a New York ACS investigation attorney, the better your chance of getting the case closed quickly and with no further consequences. Parents often wait until after an indicated finding or court filing—but by then, damage has already been done.
If ACS has made contact with you, or if you’ve received a letter from CPS, call us now. Let us handle the legal side while you protect your family.
Contact a Brooklyn ACS and CPS Investigation Attorney Today
Located in downtown Brooklyn, The Gilmer Law Firm PLLC represents parents across all five boroughs who are facing ACS or CPS investigations.
Led by George M. Gilmer, Esq., a respected New York family law attorney, our firm has over a decade of experience helping families avoid Family Court filings, defend against neglect allegations, and clear false reports from their record.
Don’t let an investigation drag on for 60 days when it could be closed in 6. Speak to an experienced ACS or CPS investigation attorney today and protect your rights.
