One of the most effective ways to battle CPS harassment is to file for a state administrative hearing. Your attorney will document the caseworker violating state regulations and put together the necessary documents to obtain justice.
To sue someone for false accusations about child neglect, you can sue for defamation. If you are continually being accused of child neglect or maltreatment, you must file a complaint under Penal Law § 240.50 to the sheriff. To sue, the original criminal charge must be resolved.
You have the right not to let CPS into your home unless they have a signed warrant or court order. CPS workers can lie to you. They may tell you they're there to take your children, and they may even have a police officer with them. However, if they don't have a court order to show you, don't let them in.
Following the conclusion of the VRR process, there is no scope for any further review by the CPS and if the victim remains dissatisfied with the decision and/or wishes to challenge it further, then the victim should apply to the High Court for a judicial review.
When a complaint is filed with the Office of Children's Ombudsman (OCO), the Ombudsman's staff can conduct an investigation into Children's Protective Services (CPS), Foster Care, Adoption Services and/or Juvenile Justice when children are involved with these programs.
Yes, if the charges against you have been dropped or you have been proven innocent in your case, you can begin to go forward with proceeding to press charges against someone for making false accusations against you.
Can social services take my child away? Social services will usually only take a child away from their parents if they believe that the child is at risk of harm or neglect in their current circumstances. They are obliged to investigate any complaints or concerns reported to them.
CPS will usually reopen a closed case if a series of red flags have been raised. Once the case is reopened, it will be heavily scrutinized because there is a presumption that a negative pattern of activity in your family requires further investigation.
Police are free to approach and question any child who may have witnessed or been the victim of a crime, just as they can contact and interview an adult. Police can question a child without a parent present and are not required to obtain permission from a parent before questioning the child.
If you have been brought up on criminal charges of child abuse or neglect, you may already have a criminal defense lawyer. Ask them for a referral to a civil rights attorney who can help you sue CPS.
Following the conclusion of the VRR process, there is no scope for any further review by the CPS. If the victim remains dissatisfied with the decision, and/or wishes to challenge it further, then the victim should consider the merits of applying to the High Court for a judicial review of the decision.
If the matter is a summary only offence, the police must lay the charge within 6 months of the incident. This adds an element of time pressure to make a charging decision within a reasonable time. For more serious offences, such as rape or sexual assault, the decision is taken by the CPS.