How Do I Fight CPS General Neglect Allegations? When My Teen Is Uncontrollable??

 How Do I Fight CPS General Neglect Allegations?

It's a frightening experience to get a knock on the door from a CPS caseworker or get a "notification note" in the mail that you've been identified as a topic in a report of alleged child neglect or neglect. Typically customers who find themselves in that situation have several questions: What is a CPS report? Will CPS take my kids in? What happens when a claim for negligence is filed in Family Court? What rights do I have?

This post addresses some of the basics, to better clarify what is and is not a CPS report, how and under what conditions a CPS report will lead to a Family Court filing, and what you should know in case you find yourself on the receiving end of a CPS report or negligence petition.

In New York State by calling a toll-free hotline, 1-800-342-3720, individuals report alleged harassment or maltreatment to the Statewide Central Register (SCR). Some people are mandated reporters, such as teachers, social workers, physicians, etc.; meaning they are required by law to "hotline" cases of alleged violence or maltreatment. The hotline is not, however, reserved for mandated reporters. Anyone-neighbors, members of the family, even total strangers-can register.

A report is produced and submitted to Child Protective Services (CPS) when someone tells the SCR about a case of alleged violence or maltreatment. CPS then initiates an investigation, which will have 60 days to complete. CPS decides at the conclusion of the inquiry whether the study is "indicated," or "unfounded."

By statute, CPS is required to inform the "subject" (i.e. the person alleged to have committed the abuse or neglect) and any "other person" entitled to notice in writing of the investigation.

Generally, the "other person" is the parent of the infant, when it is alleged that another person has perpetrated the violence or negligence (i.e. the other parent, his or her partner, the partner, or other family members). If you obtain notice as an "other parent" you're not being investigated yourself, you're simply being notified that CPS is investigating a complaint against someone else but involving your child.

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