In the Pilot “episode” Danielle and Amy talked about Allegations. What the process is when CPS shows up at your door, including rights, options, and services.

Let’s Talk About Allegations; What’s the Process, What Are My Rights, What Can I Do?

CPS shows up and tells you that you have been named in a report to the State Central registry, what do parents need to know?

  • Relax, take a deep breath this happens sometimes
  • CPS has 90 days to complete their investigation, it can include but not limited to speaking with your children’s school, doctor and other providers.
  • Only ask what you are asked, do not elaborate.
  • The report can end one of two ways; UNFOUNDED which means there is nothing more for you to do, or FOUNDED and with that finding you have a few options.
  • When a report comes back FOUNDED always request an administrative review and then a fair hearing as there is a chance the report can be overturned or expunged.

Why Should Parents Know Their Rights?

When being question by some in authority it is important to know that you also have rights.

  • You have the right to refuse entry to the CPS investigator. This does not end the investigation, and they can get a court order to gain entry through a court hearing that you have the right to be present at.
  • You have the right to know what you are being investigated for, although you do not have the right to know who called in the report.
  • The investigator can interview the children without you being present, and they can go to the school and speak to the children without notifying you.
  • You can insist that you are present and explain you reasoning, like you child having a disability, and could be scared or confused
  • You can ask for your child to be questioned at the Child Advocacy Center in the presence of a mental health professional.

Can CPS Mandate Services?

No, CPS cannot mandate services. You can recognize the need for services and supports and voluntarily seek them out and participate. Nothing is mandated unit a judge orders it.

  • You have the right to decide where the mandated services occur as long as they meet the criteria outlined in the order.

 

FOR MORE INFO:

More from the Coalition on False Allegations of Abuse and Neglect

Allegations | AFFCNY
SCR | OCFS

Each week, Amy and Danielle will broach a range of topics and explore deeply into the matters at hand that directly affect our families.  Pull up a chair and listen in as Amy Drayer, Director of Foster Kinship and Parent Group Support, and Danielle Skelly, AGAPE Long Island Family Support Specialist at the Adoptive and Foster Family Coalition of New York, talk about some of our favorite subjects having to do with foster care, adoption, caring for others kids plus the legalities of custody, guardianship, and the courts.

Take some time for yourself and tune in every Wednesday at noon for

 “Let’s Talk  with Amy and Danielle”