Yes — but only under limited circumstances.
In New York, the Administration for Children’s Services (ACS) may sometimes interview a child at school without a parent’s consent, but only when specific statutory conditions are met.
At The Gilmer Law Firm, PLLC in Brooklyn, our Brooklyn ACS attorneys protect parents and children during investigations, ensuring that every step complies with New York law.
1. The Law That Permits Limited School Interviews
Under Family Court Act §1034(2)(a)(ii), ACS may request a court order authorizing a caseworker to speak with a child outside the presence of the parent, including at school, when there is reasonable cause to believe the child’s life or health may be in danger.
The law requires that any such order be the least intrusive action necessary to protect the child’s safety. This means a judge must weigh the seriousness of the allegations, the age of the child, and the potential harm of nonintervention before allowing ACS to conduct the interview.
Parents can review official state guidance on ACS investigative powers at the OCFS Child Protective Services FAQ.
Our Brooklyn ACS defense lawyers frequently rely on this law to ensure ACS complies with all procedural safeguards when questioning children in schools.
Statutory authority: Family Court Act §1034 allows a judge to require a parent or caretaker to bring the child to a specific place, such as a school, for an interview conducted outside the parent’s presence when there is reasonable cause to believe the child’s safety is in danger. The court must take the least intrusive action needed to protect the child.
2. When ACS Must Obtain a Court Order
ACS cannot unilaterally question a child at school. Under Family Court Act §1034, the agency must meet three statutory conditions before requesting court authorization:
- A report of suspected abuse or maltreatment must be filed with the Statewide Central Register (SCR) under Social Services Law Title 6, Article 6;
- The caseworker must have been unable to locate or access the child to determine safety; and
- The parent or caretaker must have been notified that ACS may seek an immediate court order to access the child without further notice.
Only when these conditions are satisfied can ACS lawfully request to interview a child at school or another neutral location.
Parents can read more about their rights during an ACS investigation at YourFamilyYourRights.org or consult a Brooklyn ACS attorney for advice.
Legal summary: Family Court Act §1034 requires ACS to show reasonable cause that a child’s life or health may be in danger, that the parent was told ACS could seek a court order, and that access to the child is necessary to assess safety before the court can approve an interview at school.
3. The 24-Hour Rule for ACS Investigations
Under Social Services Law §424(6), ACS must begin an appropriate investigation within 24 hours of receiving a report of suspected abuse or neglect.
That investigation may include home or school visits and observation of the child’s physical condition.
However, interviewing a child at school without parental consent still requires a court order or valid legal justification.
If ACS contacts your family, a Brooklyn ACS Defense Attorney can ensure that investigators follow the correct procedures and respect your family’s constitutional rights.
Legal summary: Social Services Law §424(6) directs ACS to start its investigation within twenty-four hours after receiving a report and to take timely steps to evaluate the child’s safety and home environment.
4. Confidentiality and Protection of Family Information
All information collected during an ACS investigation—including notes, photographs, or interviews—is confidential under Social Services Law §422(4).
The law restricts disclosure to specific agencies such as OCFS or the Department of Investigation and prohibits identifying the subjects of a report unless disclosure is legally required.
If a report is determined to be unfounded, ACS must seal and expunge the record.
Your Brooklyn ACS lawyer can help verify that these privacy protections are applied to your case.
Legal summary: Social Services Law §422(4) requires ACS to keep reports and information strictly confidential and to release identifying details only when disclosure is permitted by law. Unfounded reports must be sealed and removed from all records.
5. What Happens After a Report Is Filed
Once a report is received, the Statewide Central Register (SCR) forwards it to ACS for investigation.
ACS must then classify the report as either:
- “Indicated” — meaning credible evidence supports the allegation; or
- “Unfounded” — meaning no credible evidence exists, and the record must be sealed.
Because an indicated report can affect employment or licensing, parents often retain a Brooklyn ACS defense attorney to appeal or amend the finding.
Legal summary: Social Services Law §§422–424 require ACS to evaluate evidence and classify each case as indicated or unfounded. Indicated reports remain on file for regulatory purposes, while unfounded reports must be sealed to protect privacy.
6. How to Appeal an Indicated Finding
If your case is indicated, you have the right to appeal under Social Services Law §422(8) and Local Law 1729-A (2021).
According to the OCFS notice provided to all indicated individuals:
You must submit a written request within 90 days of the date on your Notice of Indication to:
New York State Office of Children and Family Services, Statewide Central Register, P.O. Box 4480, Albany, NY 12204.
A Brooklyn ACS attorney can prepare your appeal letter and represent you at the fair hearing.
Legal summary: Under Social Services Law §422(8) and Local Law 1729-A, parents may appeal an indicated finding within ninety days and request that it be changed to unfounded and sealed after a fair hearing before OCFS.
7. The “Least Intrusive Action” and Parental Due Process
Even when ACS acts lawfully, Family Court Act §1034 requires that all actions be “the least intrusive to the family.”
This means interviews, home visits, and school contacts must be limited to what is necessary to ensure a child’s safety.
If ACS oversteps its authority, parents may challenge its conduct through administrative review or Family Court.
Our Brooklyn Family Law and ACS Defense Attorneys protect families from unnecessary governmental intrusion while ensuring compliance with state law.
Legal summary: Family Court Act §1034(2)(e) obligates ACS and the courts to choose the least disruptive measures that still protect the child’s welfare during an investigation.
8. What to Do if ACS Interviews Your Child
If you learn that ACS interviewed your child at school:
- Stay calm and avoid confrontation with school staff or investigators.
- Request documentation showing the authority or court order allowing the interview.
- Write down details — names, times, and what was said.
- Contact a Brooklyn ACS lawyer immediately for legal advice.
Parents can also find guidance through Your Family Your Rights.org and the OCFS FAQ.
Legal summary: The OCFS Child Protective Services FAQ advises parents that ACS caseworkers may contact a child at school only under the law’s limited exceptions and that families have a right to know how the process works.
9. Balancing Child Safety and Family Privacy
ACS’s mission is to protect children—but the law also protects families from unnecessary intrusion.
Yes, ACS can interview a child at school—but only when the specific statutory conditions are met and the method used is minimally intrusive.
If you believe ACS acted improperly, you can file an appeal, request a fair hearing, or pursue judicial relief.
A qualified Brooklyn ACS defense attorney will ensure that ACS follows every rule of law throughout the investigation.
Legal summary: Family Court Act §1034 and Social Services Law §§422–424 together define the limits of ACS authority and guarantee due process for families under investigation.
Contact a Brooklyn ACS Attorney
If ACS has contacted your child’s school or opened an investigation, contact The Gilmer Law Firm, PLLC at (718) 864-2011.
Our Brooklyn ACS defense lawyers offer affordable payment plans and limited-scope representation for families across Brooklyn, Queens, Manhattan, and the Bronx.
Visit our Affordable Family Law Services page to schedule a confidential consultation.
