How Does CPS Work in New York? A Guide for Parents

What is Child Protective Services (CPS)?

Child Protective Services (CPS) is a government agency and social service that investigates reports of suspected child abuse and neglect, with the primary goal of ensuring child safety. CPS works to keep children safe, while also helping families in need. In New York, the Statewide Central Register of Child Abuse and Maltreatment (SCR) receives reports of child abuse and relays them to the local CPS for investigation. This agency is tasked with investigating allegations of child abuse and neglect and offering services to families to prevent future abuse.

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How Does CPS Work?

CPS operates under state and federal laws that govern how investigations are done and how cases are handled. If CPS determines that a child's safety is at risk, they may take steps such as placing the child in foster care or with other relatives. The family court plays an integral role in CPS cases, and families may have to go to court under their jurisdiction. For these reasons, understanding the legal system and how it relates to CPS is key to navigating the process. Knowing your rights and responsibilities as a parent will help you make informed decisions during and throughout the investigation.

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How to Report Suspected Child Abuse

If you suspect child abuse, report it to the New York State Central Register of Child Abuse and Maltreatment (Child Abuse Hotline) 1-800-342-3720. If you believe a child is in immediate danger, call 911 immediately to ensure their safety. Mandated reporters, such as school teachers, doctors, and social workers are required to report any and all indications of child abuse to the Child Abuse Hotline. Reporting suspected abuse is the first step in protecting children and getting them the help and services they need when at their most vulnerable.

When making a report of child abuse, include as much information as possible about the child and their family: child’s age, name, sex, primary language, nature and extent of injuries, type of abuse or neglect, any history of alleged abuse.

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The CPS Investigation Process

A CPS investigation typically starts with a written report of suspected or alleged child abuse or neglect. Then a case is assigned to an investigator, who will interview the child and family members to get more information. If there is reasonable cause, the investigator may also do a home visit to check on the child’s safety and address the state of their environment. The investigation process usually takes 60 days but can vary depending on the case.

When CPS receives a report of child abuse or neglect, they initiate an investigation within 24 hours. They will contact the person who made the report, if possible, to gather additional information. If there is reasonable cause, CPS will make phone calls and conduct unannounced home visits to speak with the child, their parents, siblings, other children in the same home, and other caretakers. During these visits, CPS will check for hazards, imminent danger, or threats to emotional well-being. This includes examining for lack of adequate food, domestic violence, signs of future abuse, and any injuries to the child.

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Understanding Your Parental Rights

As a parent, you have the right to ask questions and get information about the CPS investigation and your legal rights. As a parent, showing your commitment to your child's well-being can positively influence the investigation process. You also have the right to participate in the investigation and provide information about your child’s well-being. During the investigation, you have the right to request a court-appointed attorney to represent you and the right to appeal any decisions made by CPS regarding abuse or neglect.

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What to Expect During a CPS Interview

During a CPS interview, you will be asked questions about your child’s well-being and your family situation. The interviewer will ask about your child’s injuries, emotional health and safety. You will be asked to provide information about your child’s daily routine including their schedule and activities. You will also be asked to explain your family dynamics and relationships.

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Preventing Child Abuse: Strategies and Resources

Preventing child abuse requires a community effort. Fortunately, there are many resources available to help. Mental health professionals can provide support and counseling to families in need. Additionally, creating safe, stable, and nurturing environments for children reduces the risk of abuse and neglect. Family members and other children also play a critical role in preventing abuse by being aware of the signs and symptoms of abuse.

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Working with CPS: Building a Positive Relationship

Building a positive relationship with CPS can be very helpful for families. Cooperating with CPS agents and showing you are committed to your child’s care can build trust and get a better outcome for everyone. Following CPS recommendations and following through on agreed upon plans is key. Keeping open communication can prevent misunderstandings and get a positive outcome.

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The Role of an Attorney in a CPS Case and More Resources

Involving an attorney during a Child Protective Services (CPS) investigation can be a game-changer. An experienced attorney can guide you through the process, ensuring that your rights are protected and your voice is heard. They can help you navigate the complex and often overwhelming world of CPS, providing you with the support and guidance you need to protect your child’s well-being and safety.

There are many resources for families involved with CPS. For example, foster care is an option for children who cannot remain in their home due to safety concerns. Mental health professionals are available to provide emotional health support and counseling to families and legal guardians. Support groups are also a safe and supportive environment where families can share their experience and connect with others in the same situation.

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Conclusion

Knowing how CPS works is key for families in the system. By knowing your rights and responsibilities as a parent, you can make informed decisions and advocate for your child. Building a positive relationship with CPS and being responsive to their recommendations will get the best outcome. Protecting children from abuse and neglect is a community effort and there are many resources available to help families.

Here at Hannon De Palma, LLC, we believe in focusing on what truly matters -- protecting your rights, using our expertise to create successful outcomes for the entire family, and focusing on creating a future where everyone can thrive. Practicing across Westchester County, Manhattan, Long Island, and Boston, the Hannon De Palma team has decades of experience representing clients in custody and divorce cases.

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Call our office at (914) 444-1900 or fill out a simple, free online consultation form to begin your next chapter.

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