Child Protective Services (CPS) Reports
When CPS investigates allegations of abuse or maltreatment they close their file by either determining that the allegations are "unfounded" or "indicated" in that there is reason to believe that such abuse or maltreatment occurred. An "indicated" report can be devastating to the personal or professional life of the individual. The consequences of an "indicated" report are far reaching and can have consequences regarding custody, visitation, employment, licensing and remains in the New York State registry for years.
The Fair Hearing
After an "indicated" finding the individual is entitled to have a Fair Hearing pursuant to New York State Social Services Law section 422(8)(c). At the Fair Hearing the issues to be decided are if there is a fair preponderance of the evidence that the individual committed the abuse alleged and if such abuse is currently relevant and reasonably related to employment by a child care agency, to the adoption of a child or to the provision of foster care.
At the Fair Hearing if the individual is successful the New York State Central Register of Abuse and Maltreatment (the Central Register) will amend the indicated report to unfounded and seal the report.
White Plains Fair Hearing
Attorney Andrew Proto, represented a father accused of abusing his daughter and after a Fair Hearing held at the local DSS office in White Plains the Administrative Law Judge (ALJ) Ordered that the report should be amended from indicated to unfounded and sealed.
Attorney Proto, presented witnesses and evidence that the report of abuse was not credible and there was no evidence presented that the allegations were true by a fair preponderance of the evidence.
It is very important to speak with a top Family Court Attorney as soon as possible even while the CPS investigation is proceeding. The consequences can be severe and a lawyer can guide you though the process and speak to CPS and/or law enforcement on your behalf.