what kind of lawyer do i need for a child protective services

Full Answer

Do I need a lawyer for a child protection case?

It is best to retain a lawyer experienced in child protection cases. Your attorney will defend you against the allegations brought against you, and help protect your parental rights.

What does a child abuse lawyer do?

A child abuse lawyer understands issues related to child abuse and neglect, and child physical or emotional abuse claims can arise in a variety of contexts and motives. Sometimes the young victim tells a relative, who then files a lawsuit; at other times, a government agency such as Child Protective Services may press charges.

What does a child protective services caseworker do?

According to " Child Protective Services: A Guide for Caseworkers ," a caseworker's main focus is to determine whether a child is safe and whether there is a risk of future maltreatment. Caseworkers also offer services to aid children who have been abused or neglected as well as to their families. Abuse may be physical, sexual, or emotional.

How can I defend myself against a Child Protective Services investigation?

If you face the necessity to defend yourself against a child protective services investigation or lawsuit, contact an experienced attorney to assist you with any child services issues that might arise.

How long does CPS have to close a case in NY?

The CPS caseworker has the obligation and authority to petition the Family Court to mandate services when they are necessary for the care and protection of a child. CPS has 60 days after receiving the report to determine whether the report is "indicated" or "unfounded".

Who oversees CPS in New York?

The New York State Office of Children and Family Services maintains a Statewide Central Register of Child Abuse and Maltreatment (SCR) for reports of child abuse or maltreatment made pursuant to the Social Services Law.

What age can a child stay home alone in NYS?

Is this acceptable under New York State law? According to the law, there is no set age at which you can leave a child alone. The parent is responsible for deciding whether or not the child is mature and responsible enough to understand the circumstances and take care of her or himself.

How do I file a CPS report in NY?

To report: Call the NY State Child Abuse Hotline (24-hours/7 days a week) at 1-800-342-3720. If a child is in immediate danger call 911.

What CPS can and Cannot do ny?

CPS can investigate reports, even if they are false. Mandated reporters are required to report any suspected child abuse. It is illegal for them not to do so. Mandated reporters include doctors, lawyers and therapists. Of course, other people can make reports as well.

Can social services take my child away without evidence?

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.

Is verbal abuse a crime in NY?

A variety of forms of street harassment are illegal in New York, including verbal harassment, up-skirt photos, indecent exposure, following, groping, and hate crimes.

What happens when a CPS case is indicated in NY?

What happens if the CPS Report is indicated? If you are named as a subject in a CPS report and it is ultimately “indicated,” all that means is that your name will appear on the Statewide Central Register of Child Abuse and Maltreatment until the youngest child named in the report turns 28.

What happens when a parent is reported to social services?

If they suspect a child might be at risk of harm, they have to look into the child's situation and take steps to keep them safe. They might decide to put the child on a protection plan. They may interview or medically examine your child without you present.

What are the 4 types of child neglect?

What is Neglect? ... Types of Child Neglect.Physical Neglect. ... Educational Neglect. ... Emotional Neglect. ... Medical Neglect. ... What You Can Do to Help.

What does SCR stand for in CPS?

Reports of child abuse and neglect in New York State are made to the State Central Registry (SCR).

How do you know if a bruise is abused?

How to tell if a bruise is from abuseBruising on babies or children who are not independently mobile.Bruising in clusters, that occur multiple times in similar shapes and sizes.Bruising on areas of the body such as the torso, ears, neck, eyes, cheeks and buttocks.