The New York State Office of Children and Family Services (OCFS) maintains Child Protective Service (CPS) records of child abuse and neglect. Because records of any kind of CPS report can have a serious impact on your family and your future, most states allow parents and people charged with child abuse and neglect to challenge these records and request their removal or expunction.
Can I Have My CPS Case Expunged?
Yes, expungement exists for unfounded CPS reports. Under Social Services Law Section 422(5) the subject of an unfounded report is allowed an opportunity to prove to the OFCS by clear and convincing evidence that the allegation of abuse or maltreatment is not true.
The clear and convincing evidence must be in written form and be unmistakable and free from serious or substantial doubt. The evidence you provide should produce a firm belief or conviction of the false nature of the allegation of child abuse or maltreatment in question.
If you present the kind of proof discussed above and show that the allegations of abuse or maltreatment have no basis, the unfounded report will be expunged.
Will My Case Be Expunged if the Person Who Called CPS Made a False Statement?
Yes, if the person who reported child abuse or neglect to CPS (source) is convicted of making a false statement report in violation of Penal Law 240.50(3), the case will be expunged.
Do I Need a Lawyer for My CPS Case?
Yes, if you are a parent or a person who works with children, having a CPS case against you can destroy your relationship with your children, be used against you in a custody proceeding, prohibit you from working with children, and if you work with children, it can end your career. You should always challenge an “indicated” CPS finding.
You should contact a lawyer immediately after a CPS caseworker makes contact with you. Do NOT speak to a CPS caseworker without speaking to our CPS defense attorneys first.
What Does a CPS Defense Lawyer Do?
A CPS defense lawyer will be your advocate and help protect your rights when dealing with County Attorney, CPS, and the New York City Administration for Children's Services (ACS).
Our goal is to avoid an indicated finding and help determine that there was no credible evidence to support a finding of abuse or neglect in your case. If CPS has already made an indicated finding, a CPS defense attorney will work to clear your name by filing a written objection to the OCFS, representing you at a “Fair Hearing” before an OCFS Administrative Law Judge, and fighting to have the CPS indicated finding overturned.
How Can Proto, Sachs & Brown, LLP help?
The CPS defense attorneys at Proto, Sachs & Brown, LLP know how devastating a CPS investigation can be. We immediately attack any CPS investigation because we know the CPS caseworker is not your friend and does not have your best interests, or the best interests of your family, in mind.
On the other hand, our legal team only cares about you and your family.
We keep you calm and fully informed throughout the CPS investigation and appeal process – and develop a tailor-made strategy to help you win your case.
Our CPS defense attorneys have handled countless CPS Investigations and Fair Hearings in Westchester, Rockland, and Putnam Counties, including New York City.
Call our office at(914) 840-5104 or send us a message online to schedule a free initial consultation in White Plains or Peekskill, New York