As a parent, one of the most disorienting experiences can be enduring an investigation from Child Protective Services. If you dealing with issues with CPS, you need to act fast to ensure your rights are safeguarded in such as serious time. Even if you are facing accusations of child abuse or neglect, it is important to keep one thing in mind: you have rights under New York state law. The Child Protective Services agency has to follow due process and provide you with an opportunity to defend your case.
That is where are firm comes in. The laws concerning the rights of parents can be confusing and complex. You need qualified legal counsel to stand alongside you in this process! At Sunshine & Feinstein, LLP, our Long Island family law attorneys work diligently to advocate for the rights of clients. We recognize the confusion and stress of such a situation and can provide much needed clarity and support throughout this time.
The CPS will first investigate a person’s residence to make an assessment about whether there was any potential parental misconduct. Depending on whether the investigator believes there is imminent danger to the children, they may remove the children from the home. If there is no imminent danger but a chance of misconduct, the agency will file what is called an Article Ten Motion.
The following issues may bring CPS into your home:
Under Article Ten, there will be a more thorough review of the conditions of your home. It is important you cooperate with this process and avoid anything that will be seen as jeopardizing the objectivity of the investigation. This includes allowing investigators to talk to the children. Remember, many CPS cases are brought forward with little to no evidence, which means you simply need to assert your rights and present your side of the story in a calm manner.