Protecting Your Parental Rights In Child Abuse And Neglect Proceedings
There are few events more distressing to parents than to have their children removed from their home by strangers when there are claims of child abuse or child neglect. However, this can happen when child protection workers come knocking at your door. Your parental rights are at risk because someone has accused you of child neglect or abuse.
Attorney Andrew A. Bokser represents parents in child neglect and child abuse proceedings initiated by Child Protective Services (ACS in New York City). With offices in Brooklyn and Garden City, he represents parents throughout the New York City area, including Nassau and Suffolk counties.
Who Accused Me Of Child Neglect Or Abuse?
Anyone — a neighbor, a teacher, a police officer or even a therapist — can accuse you of child neglect or child abuse. If child protection workers believe the accusation is credible, the charges will be investigated within 24 hours.
In New York City, the agency that investigates charges of child abuse or neglect is called the Administration for Children’s Services (ACS). In other cities, this agency may be called Child Protective Services (or CPS) or another name.
What Should I Do If I Get A Call From ACS Or CPS?
If possible, you should consult with an attorney. Be aware that anything you say to the child protection workers can be used against you.
If the children are at imminent risk, ACS or CPS workers have the right to come to your home and temporarily remove your children. If you refuse, they can come back with the police to remove the children.
If your children are removed against your consent, you will need to demand what is known as a Section 1028 Hearing to have your children returned. Hearsay evidence is allowed at this hearing. For example, a case worker can testify about what another person said about you. To protect your parental rights, you should call a lawyer as soon as possible.
Set Up A Consultation Right Away
To discuss the facts of your child abuse or neglect case with attorney Andrew A. Bokser at our Brooklyn or Garden City law office, call or fill out our contact form. Evening appointments are available.