Amending a CPS Report from Indicated to Unfounded
The Office of Children and Family Services (OCFS) have the administrative function to amend an "indicated" finding to "unfounded". After a CPS, DSS or ACS investigation a letter is sent to the party with a determination of indicated or unfounded. If indicated it is very important to challenge the finding as an indicated finding can have a negative on an individual for a significant period of time.
This first step is to request an amendment by letter to unfounded. If that request is denied a Fair Hearing is scheduled before an Administrative Law Judge to make a determination if the report should be amended to unfounded.
The Fair Hearing is a complex proceeding and one should never appear at the hearing without legal representation. Ideally once a person is made aware of a pending investigation they should contact a Family Law attorney as soon as possible. It is not recommended to wait until CPS makes a finding.
The Westchester County family law attorneys at Proto, Sachs & Brown, LLP regularly challenge OCFS indicated findings and represents clients both while an investigation is pending and at the administrative Fair Hearing.
Recently, at a Fair Hearing held in White Plains, New York our attorneys successfully represented a father that was accused of abusing his child over the course of several months. Despite the allegations of abuse and the indicated finding our office was successful in having the finding of indicated amended to unfounded.
Also, after a Fair Hearing held in Rockland County, New York the Administrative Law Judge agreed with our attorneys that the prior indicated finding should be amended to unfounded. In that case and employee of a child care facility was indicated for failure to provide adequate care. It was very important for the client to be successful at the hearing as she held child care licenses and an advanced degree. Any indicated finding would prohibit her from working with children. After an extensive investigation and interviews with proof presented at the Fair Hearing it was determined that the client had not been neglectful towards the children. The report was amended from indicated to unfounded.
These two success stories are just a few examples of how our attorneys aggressively represent our clients and continuously fight for our clients even against tough odds. Every case is different but you or a loved one is currently under investigation by CPS or have an indicated finding call our law office for a free consultation. We can explain your options and how we can challenge the findings.
We represent client in Westchester County, New York, Orange County, New York and all surrounding counties. Call Today (914) 946-4808.