If you’ve just found out that you’re under investigation by Child Protective Services, you may feel panicked, sad, angry, confused and scared, but there’s a lot you can do to protect your family. Here are some first steps you can take to begin to take charge of the situation.
First Steps: Get Help, Get Information and Manage Overwhelming Emotions
Get legal help. You should contact a lawyer as soon as you are aware that ACS is investigating you!
First call the lawyer who represents you already as a young person in foster care. If you don’t know who your lawyer is, you can find out by calling the Legal Aid Society or Lawyers for Children and ask them to see if your name is on their list.
If you call your lawyer and no one picks up, leave a message. Say, “This is an emergency. I’m being investigated. Please contact me as soon as possible” and leave your contact information.
The legal team that represents you and supports you as a youth can help you navigate the challenges of an investigation.They can also help you decide if and when to contact a lawyer that represents.
You yourself can also reach out to a lawyer who represents respondent parents. You have the right to get advice from a lawyer or an advocate from an organization that defends parents in court throughout the course of your investigation. Find the contact information you need in this worksheet.
Understand the allegations against you. When you’re feeling threatened, it can be hard to take in information, but you need information about the allegations against you so that you can help yourself and your lawyer can help you. If you are not clear what you are being investigated for, ask the investigator to explain it as many times as you need. It is your right to be told the allegations against you the very first time the child protective investigator comes to your door.
At any point, you can also write to the Statewide Central Register (SCR) requesting all documentation against you. Click here for information for how to contact the SCR.
Get the investigator’s name and contact information. Make sure to ask for the investigator’s name and contact information in case you want to contact them later on and so you can give the information to your legal team, who may be able to assist you in understanding the allegations and interacting with ACS.
Manage your emotions as best as you can. Staying calm when you’re scared for your child and angry that your family is being threatened is one of the hardest things anyone can do. It can be even harder when you’re a young person in foster care and know what it feels like to be separated from family. Sometimes it’s impossible to stay calm but remaining as calm as you can helps to show that you’re not a threat to your child or anyone else. Know that you can find a safe and private place to break down, cry, and yell, as soon as the investigator leaves!
Read this story about a former foster youth who experienced the emergency removal of her children and found a way to gain control of her emotions in order to reunify with them and bring them back home.
Even when you know your rights, an investigation can feel like an invasion of your privacy. If you are under investigation, it is likely that an investigator will ask to come into your home, look through your belongings and ask you personal questions. An investigator might also ask you to take a drug test or sign a HIPPA form allowing them to get information about past health and mental health services.
In addition, the investigator might ask you to remove some of your child’s clothing in order to examine your child for marks or bruises, especially if ACS’s concerns relate to physical discipline of a child. For many parents, this is one of the most upsetting parts of an investigation.
You should know that you have the right to say no to all of these requests unless the investigator has a court order requiring you to submit to them. You also have the right to only agree to them after you have a lawyer present.
Even though parents have the right to say no, many parents agree to some of the investigator’s requests in an effort to reassure the investigator that their children are safe.
Whether to agree to the investigator’s requests can be one of the hardest decisions you make. Read more the pros and cons in Know Your Rights—and How to Use them and Show That Your Child Is Well Cared For.
To get advice directly from parents about dealing with an investigation, you can read The Survival Guide to the New York City Child Welfare System: A Workbook by Parents for Parents.
Show that your child is safe. From the beginning, you want to do everything you can to show the investigator that your child is safe. That does NOT mean answering every question the investigator asks you, but it does mean showing that your child is well-fed, loved, and cared for and that you are ready to take steps to safety concerns that an investigator may have.
Know Your Rights—and How to Use Them
With the help of your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf., you will need to decide when it’s in your family’s best interest to assert your rights and when it’s better to cooperate. Remember, whatever you do, your main goal is to reduce—not increase—the investigator’s concerns about your child’s safety.
The information below can help you decide when and how to exercise your rights.
Should I answer an investigator’s questions? Before you answer any of the investigator’s questions, you should make sure you know: What are the allegations against me? What exactly are your concerns?
You have a right to refuse to answer questions. So if you’re told the allegations are about relationship violence
Relationship violence is when abuse or aggression occurs in an intimate partner relationship. “Intimate partners” are those who you are currently dating or have dated. This sort of violence can show up in different forms, such as physical, sexual, emotional, or psychological violence, stalking, or other harassment. Relationship violence can happen to anyone, regardless of their sexual orientation or gender identity., but the investigator is asking you about something else entirely, like whether you’ve ever smoked marijuana, you may want to say, “I don’t think that question is relevant to the concerns you’ve raised.” ACS will almost always ask about drug use even if that’s not a concern that brought them to your door.
Whenever possible, you should have a member of your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. with you or advising you when you speak to an investigator. If you are alone and you don’t know how to answer an investigator’s question, you may want to ask to continue the conversation the next day rather than simply refusing to answer. That can give you time to reach out to your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. and ask for advice or have someone be present to support you.
One of the most important things to keep in mind is that you don’t want to increase an investigator’s concerns for your child’s safety. You should ask yourself: If I don’t answer this question, will the investigator think that my child is in danger and remove my child? If I do answer, will my answer reduce the investigator’s safety concerns or raise more concerns? If there are positive actions you’ve taken to address safety concerns, including leaving an abusive partner or starting mental health services, you should make sure the investigator knows about them.
Does my child have to be available to the investigator for questioning? You have the right to refuse to agree to an investigator’s request to interview your child. You should also know that investigators are required by law to interview your child. If you do not produce your child for questioning when the investigator comes to your home, an investigator might get a court order requiring you to do so if they can convince a judge that there is a safety need for it. Investigators also have the right to interview your child in daycare or school without your knowledge or permission, but your child can also refuse to speak with them.
You can insist on being present during the questioning, but if an investigator thinks your child is not going to speak honestly with you present, the investigator will go to court to get a court order to require that you bring your child to a different location to be interviewed without you.
There may be times when you want to insist on being present or ask for the investigator to make other accommodations, especially if your child has a disability that may make them too scared or confused to answer the investigator’s questions accurately. Whenever possible, speak to your lawyer or legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. so they can clearly explain and document what your child’s special needs are and what accommodations you are asking for. If you don’t have a lawyer, keep notes as to what occurred and why you needed special accommodations for your child.
For many parents, one of the hardest parts of an investigation is when an investigator asks children to remove some clothing so they can check for marks or bruises, especially if there is concern that your child has been physically harmed. You do have the right to refuse to allow the investigator to check your child, but you should know that this may lead an investigator to conclude that you are trying to hide something and may increase an investigator’s concern about your child’s safety. You do have the right to be present when your child’s body is being checked.
Should I sign releases? Because you are already in foster care, ACS has access to all of the information in their records about you. If a case is filed against you in court and the judge determines that the information in your records is required for the trial to proceed, then the information can be accessed and submitted to the court.
ACS does not have a right to access information about your child and will most likely ask you to sign releases regarding your child during an investigation. They may even ask you to sign releases without telling you what they are.
You should always talk to your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. before signing anything. You should also ask: “Can you please explain what you’re asking me to sign and why?” and go over their responses with your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. before signing anything. In addition, you should never sign a blank release; any release or “HIPPA” form should always clearly state who is seeking and who is providing information before you sign it. You can put dates on releases, allowing investigators to only go back a few years in your mental health records, or you may prefer to have your therapist write a statement for investigators about your treatment and progress, rather than speaking with investigators. This is a decision you should make with your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf..
Should I participate in services during an investigation? Speak to your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. to see if it’s a good idea to get started in services during the investigation. You’re not officially mandated to do services until you go to court and a judge orders them, but starting services during an investigation and taking an active part in addressing any safety concerns increases the likelihood that ACS will not file a case against you in Family Court or, if a case is filed, that your child will remain in your care or will come home as quickly as possible if your child is removed.
If you do not believe that the services an investigator is proposing will help you, talk to your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. about this. You may decide to do them anyway, to show that you are willing to do everything in your power to keep your child living with you. You can also work with your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. to try to negotiate a service plan that you think really will benefit your family. Click here to read more about services.
If ACS Has Removed Your Child on an Emergency Basis
If your child has been removed from you on an emergency basis, you may feel hopeless and scared, but you absolutely have a chance to fight for your child.
If ACS has removed your child from you on an emergency basis, they will either (1) hold an immediate Child Safety Conference or (2) file a petition
A formal written application to a court requesting an action. A petition also starts a case; for example, a father asks to have full custody of his son by filing a petition. against you in court. In both cases, you should be assigned a lawyer who will represent you as a respondent parent who can help you through the process.
If ACS is telling you to attend a Child Safety Conference
A meeting used to determine which intervention is best to keep the child safe and reach an agreement on what plan is best for protecting your child, which tends to happen within 72 hours of the child being removed. At the meeting, you will hear about the safety concerns that resulted in your involvement with ACS, be able to respond, and decide on a plan. Parents, family, your support system, and those who know you and/or the child can be present at this conference., ask ACS to schedule the conference AFTER you have spoken to your lawyer, who may be able to send an advocate to help you or who can at least advise you on how the conference may proceed.
Read more about child safety conferences here.
If ACS is telling you to appear in court, immediately contact your lawyer or one of the offices listed in the worksheet.
When you appear in court, you should also immediately ask to speak to your lawyer.
Once the case is filed, you have several rights related to requesting that ACS return your child back to you immediately.
- If ACS has removed your child on an emergency basis, they are required to file a case in court by the next business day. At this hearing, called a 1027 hearing, ACS must establish why they are seeking the continued removal of your child and placement in foster care. If you are in a strong position to argue that your child should never have been removed for you in the first place or that you have addressed the safety issues that led to the removal and that your child be immediately returned to you, you can ask for a 1027 hearing. You can also ask for a 1028 hearing
A hearing at which you can ask for the immediate return of your child if you and your lawyer agree that you have strong evidence that your child should never have been removed. You can ask for this hearing early in the case. A 1028 hearing decides where a child will live before the judge decides whether or not a child was neglected or abused. Winning a 1028 hearing does not mean the neglect/abuse case against you goes away, but it could mean that the child lives with you while the case continues. at a later date—even just a few days later—after you have had more time to prepare your arguments.
While it is understandable that you may want your child back immediately, it is best to speak to your lawyer about the specific facts of your case and see whether a delay makes sense in order to present stronger evidence.
- If you and your lawyer decide that you are not ready to argue for the return of your child at the 1027 hearing, you can ask for a 1028 hearing
A hearing at which you can ask for the immediate return of your child if you and your lawyer agree that you have strong evidence that your child should never have been removed. You can ask for this hearing early in the case. A 1028 hearing decides where a child will live before the judge decides whether or not a child was neglected or abused. Winning a 1028 hearing does not mean the neglect/abuse case against you goes away, but it could mean that the child lives with you while the case continues. at any time up until the start of the fact-finding, which is the hearing at which the judge determines whether you abused
The Office of Children and Family Services defines abuse as being when a parent or person legally responsible for a child causes the child significant physical injury, creates a great risk of physical injury, or sexually abuses a child or neglected
When a child under age 18 experiences physical, mental, or emotional impairment, or is in imminent danger of becoming impaired, as a result of the inability to exercise a minimum degree of care by their parent or other legally responsible caregiver. In New York, neglect is defined by Soc. Serv. Law § 371; Family Court Act § 1012. Neglect can be physical, medical, educational, or emotional, and may include a parent failing to provide adequate supervision, food, medical care, appropriate clothing, or access to education. Neglect could also include leaving a child alone or with an inappropriate caretaker, insulting a child, making the child feel afraid, or taking drugs or drinking alcohol to the point of not being able to adequately take care of a child. your child.
Often, parents are given the impression the first time they are in court that if they don’t ask for the 1028 hearing immediately, they give up (“waive”) their right to that type of hearing forever. That is not true. Given how long Family Court cases often take, you may have many months during which you can ask for a 1028 hearing
The 1028 hearing is another opportunity for you to show that your child should be immediately returned to you, because you have strong evidence that either ACS should never have removed them in the first place or you have been able to address the safety concerns since your child was removed. You have a right to have your 1028 hearing held within three court days from the date you request it.
You should speak to your lawyer about the specific facts of your case and whether you have strong enough evidence to ask for the immediate return of your child.
Show That Your Child Is Well Cared For
When you’re facing a child protective investigation, it can seem like CPS investigators are interested in one thing only: the allegations
The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child. against you. But it’s also very important for you to take the lead and show an investigator all the ways that you care for your child and the strong bond you have with your child.
The worksheet below can help you prepare to do that. You can start by checking off which items on the list are true for you. Once you’ve done that, you should work with your legal team to make sure that the investigator knows about the ways you care for your child. Additionally, you can show the investigator documents from your child’s school or medical providers. Remember, you should never give any original documents to a CPS.
You can also identify professionals in your life who you can ask to write you letters of support. These people may include a mentor, therapist, or someone at your child’s school or doctor’s office. Asking professionals who know your strengths to speak to an investigator or write a letter on your behalf can help the investigator see that there’s more to you than the allegations against you.
It’s not always easy to ask someone to speak or write on your behalf. You may feel afraid of being judged. It’s important to weigh the pros and cons of letting people know you have a CPS case. But it’s also important to remember that the judge only knows what they are told, so it’s important to make sure they hear from people who know your best qualities.
You can make clear that you’re not asking anyone to say whether the allegations
The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child. against you are true or false, unless they have special information about that. You’re just asking them to let the court know about the ways that they’ve seen you be an involved, competent, and caring parent, as well as any other strengths that they can share. Always discuss letters of support with your lawyer.
Read this interview to learn how parents can show investigators the ways they care for their children.
Preparing for a Child Safety Conference
If investigators in your case determine that safety concerns are serious enough that they are considering a removal or court-ordered supervision, they may hold a Child Safety Conference
A meeting used to determine which intervention is best to keep the child safe and reach an agreement on what plan is best for protecting your child, which tends to happen within 72 hours of the child being removed. At the meeting, you will hear about the safety concerns that resulted in your involvement with ACS, be able to respond, and decide on a plan. Parents, family, your support system, and those who know you and/or the child can be present at this conference. before taking any action. If your child has been removed on an emergency basis, ACS is required to hold a child safety conference within 24 hours of removal.
Child Safety Conferences usually last about 90 minutes. This is a very important meeting for you to attend, because it is an opportunity for you to make the case for why your child can safely remain home or should be returned home. Sometimes officials come to the conference with their minds already made up that they are going to remove your child, but other times the conference is an opportunity to make a plan that can keep your child living with you. Attending the conference shows that you care enough about your child to show up, and it gives you a chance to tell your side of the story.
The more you know about Child Safety Conferences before you go, the better:
You have the right to have a social worker or parent advocate from your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. with you. It is extremely important that you contact a member of your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. as soon as you know you have a Child Safety Conference so that you can have a social worker or advocate beside you in the meeting. They can help you make your strongest case. You will want to have someone guiding you through the process, because things you say, or ways you behave, in the conference can be used against you at the initial court appearance or later in your case.
While the Office of Special Investigations should inform the lawyer who represents you as a young person in foster care about the conference, they do not always do so. That’s why it’s important for you to tell your lawyers yourself. If you are already working with a lawyer who represents you as a parent (as opposed to your lawyer who represents you as a youth in care), you should also let that legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. know about the conference so that a social worker or parent advocate can attend.
You have the right to have a member of the Teen Specialist Unit present. The Teen Specialist Unit is a part of ACS. One of the unit’s roles is making sure that young parents in foster care have access to resources so that they can safely parent their children. The Office of Special Investigations should inform the Teen Specialist Unit about your conference, and a member should be present who might be able to offer resources and support for you and your family. You can also reach out to the Teen Specialist Unit yourself or have your lawyer reach out to them about your conference if you want one of its staff to be present. You can reach them acs.sm.tsu@acs.nyc.gov.
IMPORTANT NOTE: The Teen Specialist Unit can provide support to you during and after the conference, but it’s important to understand that the Teen Specialist is not in charge and does not have the power to make decisions about your case, even though the unit is part of ACS.
You have the right to bring people to the conference who support you. You can bring a friend, a co-parent
Someone who shares in the custody and care of your child., a family member, a pastor, a teacher, a mentor, or anyone else who you feel will help you emotionally during the conference. If you ask someone to attend the conference, make clear beforehand what role you want them to play. If you want them to talk about the ways you care for your child, let them know. If you want them to just sit quietly by your side, tell them that, too.
IMPORTANT NOTE: There may be people in your life who you love a lot, but if you know they have a temper or often react with strong emotions, it’s probably better not to ask them to attend the conference with you. Or, you could ask them to come with you, but sit outside. When you’re trying so hard to keep yourself calm, you don’t want to be surrounded by people who are going to lose their cool!
You have the right to an interpreter. If having an interpreter at the conference would help you, you have a right to one. You should ask for an interpreter as soon as you know you will be attending a conference. You can also ask for your service plan to be translated for you. If there is ever a conversation you don’t understand because of a language barrier, tell someone as soon as possible, and ask that the conference be delayed either until an interpreter is found or someone explains what you didn’t understand.
The noncustodial parent may be invited to the conference: Unless there is concern about domestic violence or other safety issues, the noncustodial parent
A parent who doesn’t have the legal right to live with the child. will be invited to the conference. The noncustodial parent is the child’s parent who does not have a legal right to live with the child. In the case of a removal, the noncustodial parent will be considered for possible placement. Family members of the noncustodial parent can also be considered for placement or support. If ACS thinks there are safety reasons why both parents should not be in a conference together, they will hold two separate conferences, one with each parent.
If you are concerned about being in a conference with your co-parent
Someone who shares in the custody and care of your child., speak to your lawyer about your concerns prior to the conference.
If you are a noncustodial parent in foster care and want more information about your role in a Child Safety Conference, you can contact the legal team that represents you as a youth in for care or the Teen Specialist Unit for more information. Whether or not you are in foster care, as the noncustodial parent, you may not have a right to legal representation from a lawyer that represents parents, but you should still be able to receive advice by calling an agency that represents parents in child welfare cases. Find the contact information you need in the worksheet.
Plan what you want to say at your conference. There are many aspects of a Child Safety Conference
A meeting used to determine which intervention is best to keep the child safe and reach an agreement on what plan is best for protecting your child, which tends to happen within 72 hours of the child being removed. At the meeting, you will hear about the safety concerns that resulted in your involvement with ACS, be able to respond, and decide on a plan. Parents, family, your support system, and those who know you and/or the child can be present at this conference. you can’t control, but the more you’ve thought through what you want to say about your strengths as a parent, the allegations
The “charges” against you in Family Court. Allegations are what ACS is saying you did or didn’t do that caused or could have caused neglect or abuse of your child. against you, and the steps you are willing to take to get your child returned to you, the better. Deciding what to share and not to share at a conference can also be very confusing. That’s why it’s very important to get advice from your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. beforehand.
The worksheet below can help you plan what you want to say at your conference.
Be prepared to hear things that upset you. If you attend your Child Safety Conference, you will hear the concerns ACS has about you. You will likely also hear about struggles you’ve had in your past that the investigators think may be relevant to your case - whether or not you think they are relevant!
It can take super human strength to sit in a room of strangers and hear negative things about you, especially knowing how much is at stake. That’s why it’s important to have a plan for how to manage those painful feelings without behaving in ways that can be used against you.
The worksheet below can help you make a plan for how to handle strong emotions that often come up during Child Safety Conferences.
Understand all forms before you sign them. Because you are already in foster care, ACS has access to all of the information in their records about you. If a case is filed against you in court and the court determines that the information in your records is required for the trial to proceed, then the information can be accessed and submitted to the court.
ACS does not have a right to access information about your child and will most likely ask you to sign releases regarding your child during an investigation, including at your initial Child Safety Conference. ACS may even ask you to sign releases without telling you what they are.
You should always talk to your legal team
A team that represents you in family court. You may have two separate legal teams: one that represents you as a young person in foster care, and a second that represents you if you become the subject of an investigation for abuse or neglect or if you go to court as a respondent parent in a child protective case. The two legal teams can collaborate with your permission, and support you in both types of cases.
Both of your legal teams are made up of a lawyer, social worker, and advocate. Your lawyer is responsible for representing your best interests in and out of court. They will advocate for your needs in court, and explain the legal process to you. If you face abuse or neglect allegations, they will respond to those allegations.
The social worker will work with your lawyer and your advocate to ensure that your needs are heard and understood, and, if you are facing allegations against you, to understand the circumstances that led to them. Your social worker or your advocate can work to connect you to supports and services that are right for you. Your social worker cannot represent you in court nor can they provide legal advice, but they can attend conferences with you and speak with your caseworker on your behalf.
Your advocate is a trained professional who is responsible for helping you navigate the child welfare system and advocating for your rights. Like your social worker, your advocate can also help connect you to supports and services that are right for you. Many, though not all, advocates have been youth in care or parents who were impacted by the child welfare system themselves, and may be able to understand some of what you are experiencing because of their own experiences in the system. They cannot represent you in court nor provide legal advice. But they can attend conferences with you and speak with your caseworker on your behalf. before signing anything. You should also ask: “Can you please explain what you’re asking me to sign and why?”
In addition, you should never sign a blank release; any release or “HIPPA” form should always clearly state who is seeking and who is providing information before you sign it. You can put dates on releases allowing investigators to only go back a few years in your mental health records, or you may prefer to have your therapist write a statement for investigators about your treatment and progress, rather than speaking with investigators. This is a decision you should make with your legal team.
You should read your service plan
An agreement with ACS detailing the services that will be required to address the safety concerns in the report. Service plans are based on an assessment of the family’s needs and circumstances. The family service plan should be prepared in consultation with the child if they’re 10 or older, with the child’s parent or guardian, unless they’re unable or unwilling to participate or their participation would be harmful to the child, and, when appropriate, with the child’s siblings.
The plan shall include at least the following:
Timeframes for periodic reassessment of the care and maintenance needs of each child and the manner in which such reassessments are to be accomplished
Short-term, intermediate, and long-term goals for the child and family and actions planned to meet the needs of the child and family and each goal
Identification of necessary and appropriate services and assistance to the child and members of the child's family
Any alternative plans for services where specific services are not available and any viable options for services considered during the planning process
Where placement in foster care is determined necessary, specification of the reasons for such determination, the kind and level of placement, any available placement alternatives, an estimate of the anticipated duration of placement, and plan for termination of services under appropriate circumstances before you sign it. If there are any parts of the service plan that you don’t agree with, you should explain that in writing in the appropriate section, or you should make sure that the facilitator writes your disagreements down the way you would like it written.
ACS will hold a follow-up meeting. Approximately twenty days after your initial Child Safety Conference, a meeting will be held again to review the agreed-upon plan and create a comprehensive service plan. If your child was placed in foster care, a caseworker from the assigned foster care agency should attend this meeting.
Possible Outcomes of an Investigation 3
Below is an explanation of the different possible outcomes of an investigation. You should discuss these potential outcomes with your legal team and caseworker. ACS investigations can take up to sixty to ninety days, so you should not be surprised if it takes some time for the investigator to tell you the outcome.
- The allegations can be deemed “unfounded
A case in which no credible evidence of abuse or neglect is found. When a report/allegation is “unfounded,” the case will be closed, but will stay in ACS’s database and can be reviewed by CPS if there is a future SCR concern.
Unfounded reports can be sealed and expunged 10 years after they were made.” or “not indicated
A case in which some credible evidence of abuse or neglect is found. If indicated with no- or low-risk, you have the option of enrolling in preventive services. High risk means that you will likely have to complete voluntary or court mandated services, and immediate danger means that safety measures will be put in place, such as a judge determining that your child should be put in foster care. Indicated Reports are kept in the Statewide Central Register of Child Abuse and Maltreatment (SCR). Reports to SCR that are “Indicated” are expunged (erased completely) after eight years.,” and the investigation will be closed. This means that the agency did not find sufficient or credible evidence that your child was abused or neglected.
- The case can be “founded” or “indicated
A case in which some credible evidence of abuse or neglect is found. If indicated with no- or low-risk, you have the option of enrolling in preventive services. High risk means that you will likely have to complete voluntary or court mandated services, and immediate danger means that safety measures will be put in place, such as a judge determining that your child should be put in foster care. Indicated Reports are kept in the Statewide Central Register of Child Abuse and Maltreatment (SCR). Reports to SCR that are “Indicated” are expunged (erased completely) after eight years.,” meaning that the agency believes there is sufficient or credible evidence that a child was abused or neglected—but the investigation is closed and no services are recommended. Your name will nonetheless be listed in the Statewide Central Register (SCR)
A database maintained by the New York State Office of Children and Family Services (OCFS) which tracks all reports made pursuant to the Social Services Law. Staff at SCR receive phone calls, from both mandated and non-mandated reporters, of alleged child abuse or maltreatment in New York State, and share that information with Child Protective Services (CPS). They also identify prior cases of abuse or neglect. Being listed in SCR may prevent you from being able to access certain jobs. as someone who has maltreated a child, but CPS will not ask you to take any further action to keep your children, and they will not ask you to engage in any services. You have a right to appeal this finding even if you agree to services. You have the right to appeal this finding through an administrative process; you should speak to your lawyer about how to go about appealing this, so you can have your name removed from the SCR.
- The case is “founded” or “indicated
A case in which some credible evidence of abuse or neglect is found. If indicated with no- or low-risk, you have the option of enrolling in preventive services. High risk means that you will likely have to complete voluntary or court mandated services, and immediate danger means that safety measures will be put in place, such as a judge determining that your child should be put in foster care. Indicated Reports are kept in the Statewide Central Register of Child Abuse and Maltreatment (SCR). Reports to SCR that are “Indicated” are expunged (erased completely) after eight years.,” but closed by ACS because you agree to voluntarily participate in services. Your name will be listed in the SCR. You have a right to appeal this finding even if you agree to services.
- ACS goes to Family Court, files an article 10 case
A case involving ACS and allegations of neglect or abuse. “Article 10” refers to the section of the Family Court Act of NY that discusses these types of cases. (abuse or neglect petition) against you, and the judge orders court-ordered supervision, which means that your child can stay with you under certain conditions, like agreeing to services that are monitored by the court and ACS. In court, you have a right to a trial, called a fact-finding hearing
A “trial” during which the judge listens to witnesses and reviews evidence. At the fact-finding hearing, ACS may present hospital and agency records, photographs, and other evidence of neglect or abuse, and may produce witnesses. If appropriate, the child may be called as a witness. Sometimes young children may be seen by the judge in "chambers" (the judge's office) instead of in the courtroom. Parents and caregivers have the right to cross-examine the witnesses and challenge the evidence produced in court, and to present their own witnesses and evidence. At the end of the trial (which may last several days and be spread out over months), the judge decides whether a parent neglected or abused their child., in which the judge will decide if you abused or neglected your children.
- You agree to voluntarily place your child in foster care and plan for their return. You should know that voluntarily placing your child does not mean that you can bring your child home whenever you want. You may have to engage in services in order for ACS and the court to agree that your child can be returned to you. Even if you place your child in foster care voluntarily, if you fail to plan for their return to you, ACS or the foster care agency may be able to file a Termination of Parental Rights (TPR)
If a child has been in foster care for 15 of the most recent 22 months, the foster care agency must request that a parent’s rights be terminated, unless the case meets an exception, identified in the 1997 Adoption and Safe Families Act. If a parent’s rights are terminated, that means the child is legally eligible for adoption, and the parent no longer has legal or physical custody over their child. A TPR proceeding has its own petition, fact-finding hearing, and deposition. petition against you after 15 months. ACS most often engages in voluntary placement agreements for older children and teenagers who ACS believes have presented behavioral challenges, but whose parents are otherwise trying their best to care for their children.
- The case goes to court, and the judge removes your child involuntarily and places them with a relative or foster family. You have the right to a hearing to seek the return of your child. You also have a right to a trial, called a fact-finding hearing, to determine whether you abused or neglected your child.
What you should know about an indicated report
A case in which some credible evidence of abuse or neglect is found. If indicated with no- or low-risk, you have the option of enrolling in preventive services. High risk means that you will likely have to complete voluntary or court mandated services, and immediate danger means that safety measures will be put in place, such as a judge determining that your child should be put in foster care. Indicated Reports are kept in the Statewide Central Register of Child Abuse and Maltreatment (SCR). Reports to SCR that are “Indicated” are expunged (erased completely) after eight years..
- If the investigator decides that the report to the Statewide Central Register (SCR)
A database maintained by the New York State Office of Children and Family Services (OCFS) which tracks all reports made pursuant to the Social Services Law. Staff at SCR receive phone calls, from both mandated and non-mandated reporters, of alleged child abuse or maltreatment in New York State, and share that information with Child Protective Services (CPS). They also identify prior cases of abuse or neglect. Being listed in SCR may prevent you from being able to access certain jobs. is indicated
A case in which some credible evidence of abuse or neglect is found. If indicated with no- or low-risk, you have the option of enrolling in preventive services. High risk means that you will likely have to complete voluntary or court mandated services, and immediate danger means that safety measures will be put in place, such as a judge determining that your child should be put in foster care. Indicated Reports are kept in the Statewide Central Register of Child Abuse and Maltreatment (SCR). Reports to SCR that are “Indicated” are expunged (erased completely) after eight years. (sometimes called “founded”), that means they decided that there is sufficient evidence to support a finding of abuse or neglect.
An indicated report doesn’t always mean that your child will be removed from the home or that there will be a Family Court case. If the investigator indicates the report but believes that it was just a one-time event that is unlikely to happen again or that you have engaged in services to help address any safety risks, the case can be closed, but you will still have a record with the SCR.
The indicated (or “founded”) finding of maltreatment (neglect) will stay on your record with respect to employment and foster care certification (see next item) for eight years, while an indicated finding of physical or sexual physical or sexual abuse will stay on your record with respect to employment and foster care certification for 10 years after your youngest child turns 18. (For example, if your youngest child is 1 year old, your name will remain on the SCR for 27 years.) The record will be available to ACS and law enforcement for other purposes for 10 years after your youngest child turns 18. You have the right to appeal this finding through an administrative process; you should speak to your lawyer about how to appeal this immediately.
- An indicated case against you means that if you apply for a job in law enforcement, child care, education, or social services, or if you apply to be a foster or adoptive parent, the prospective employer or foster care agency will be notified about the indicated report. Even if a job does not involve working directly with children, the employer may be notified of your record.The law does not forbid such employers from hiring you, but many will choose not to hire people with a record with the SCR.
- You can request a fair hearing to challenge the finding and who can see it. If you want to challenge the finding, it is often best to do so as soon as you learn ACS indicated the case. You may also want to do so before the case concludes, before you leave foster care or before you start looking for a job. After ACS’s investigation concludes, you should receive a letter from New York State’s Office of Children and Family Services (OCFS) stating whether the case was indicated or unfounded. This letter will contain instructions on how to ask for a fair hearing.
If you would like information about your case, including appeals, expunging of records, or obtaining copies of your records, you should talk to your lawyer. You can also write to the Director of the State Central Register of Child Abuse:
New York State Office of Children and Family Services State Central Register
P.O. Box 4480
Albany, NY 12204-0480
Phone: (518) 474-529
E-mail: info@ocfs.ny.gov
Footnotes
1 Material in this section was adapted from Rise’s “Your Rights During an Investigation and How to Use Them.”
2 Material in this section was adapted from Rise, “What You Should Know About Child Safety Conferences.”
3 This material is adapted from Rise, Investigations, Fall 2016, p. 5, “What Are the Possible Outcomes of an Investigation?”
Worksheet: Lawyers in NYC
