For New York parents, few things can be as stressful as finding out that Child Protective Services (CPS) is investigating you for a possible case of child abuse or neglect. This is because a CPS investigation can be invasive of your family’s privacy, and can lead to your child being removed from your home. This is why it is important to understand what happens at each stage of a CPS investigation here in New York. It is also vital to make sure that you retain the services of an experienced New York family lawyer to assist you in the process.
Stage 1: Initial Report
The CPS investigation starts with a report filed by someone who suspects that your child has been the victim of abuse or neglect. In New York, certain professionals are mandated to report any suspected cases of child abuse or maltreatment. This includes physicians, dentists, nurses, teachers, principals, law enforcement officers, and social workers. If one of these persons in the course of their work believes that a child they have come in contact with has been abused, the person must report this to CPS. The agency will then be charged with commencing an investigation within 24 hours of receiving the report. This will include contacting the mandatory reporter who provided the initial information.
Stage 2: Initial Investigation
CPS will assign an investigator to handle the case. After speaking with the mandatory reporter, the CPS investigator will show up at your home for an unannounced visit within 48 hours. At that time, the investigator will request permission to enter your home to conduct a visit. This will be done to assess the child’s safety and the environment, because part of the abuse may involve neglect like living in an unsafe place. During the inspection, the investigator will check for hazardous conditions, lack of adequate food, signs of domestic violence such as broken doors or holes in the wall, and other things that may create an imminent danger to the child.
At the same time, the CPS investigator will interview the child as well as other family members and members of the household. This will be done to find out what is happening inside the home. It also gives the investigator the opportunity to speak to the child alone, finding out in his or her own words what is happening.
Stage 3: Full Investigation
If the initial investigation provides credible evidence of child abuse or neglect, then CPS will order a full investigation to be conducted. This is much more thorough than the initial investigation, which is done to get a clear assessment of the situation. This will include interviewing the child and household members again, conducting interviews with additional witnesses that can include friends and neighbors, a complete review of the records, and additional home visits.
Stage 4: Safety Plan
When the full investigation produces the conclusion that the child is at risk, CPS will develop a safety plan. This outlines the steps that must be taken too ensure the child’s well-being, including possible supervised visits, counseling for the child and the family members involved in the abuse, and possible removal of the child.
CPS has the right to seek a court order from the Family Court in the county where the child lives, removing the child from the home if it believes that he or she is in immediate risk of harm. The court will grant the order and remove the child to foster care or a suitable relative, like a grandparent in another home, pending a Family Court hearing. At the Family Court hearing, a determination will be made as to the best interests of the child. This can include continued foster care, placement with a suitable relative, or Court-Ordered Supervision, where the child is returned to the home but is supervised by CPS.
Stage 5: Reunification Efforts
If a child has been removed from a home, CPS will work with the parent to get the family reunited. This will involve helping the parent create a safe and stable environment for the child through things like parenting classes and counseling. The goal in this case is to have the child go back to living with the parent as soon as the environment is safe. However, in some cases, if the parent is unwilling or unable to change, CPS will file a petition to terminate parental rights. This usually happens in the most extreme cases where the child has been in foster care for at least 15 of the most recent 22 months, and the conditions are particularly hazardous to the child.
Our Firm Can Assist You with CPS Investigations
Being involved in a CPS investigation can be very stressful. The experienced family law attorney at The Gilmer Law Firm, PLLC, will help you with the CPS investigation process, protecting your rights and making sure you get the representation you need to keep your family together. Contact our office today.
