While not technically criminal in nature, New York Child Protective Service investigations often accompany criminal charges for Assault and/or Endangering the Welfare of a Child. In addition, these child abuse and neglect investigations can lead to New York Family Court actions. Did you know that just the slightest mark, scratch, bump or bruise on your child can trigger a most intrusive, terrifying and humiliating investigation of your parenting ability. This article will give you a very general introduction into the intended purpose of Child Protective Services in New York State.
The New York State Legislature has determined that maltreated children within the State are in urgent need of child protective services. The Legislature therefore developed laws to encourage, and even require, the reporting of suspected child abuse and maltreatment. Each county has a child protective service charged with “swiftly” investigating reports of abuse and/or maltreatment. Such investigations are supposed to be swift and competent and capable of preventing further harm to the child. Rehabilitative services are to be provided for the child as well as the parents involved. [See NY Social Services Law sec. 411]
In theory the purpose of child protective services sounds wonderful. In reality, these agencies routinely and needlessly invade the lives of decent families, accuse decent parents of baseless charges of abuse and/or neglect, impose their own beliefs as to what is proper parenting and operate with a total disregard of the constitutional rights of the parents and children. The American Family Rights Association maintains a website replete with horror stories involving CPS throughout the country. The America Family Rights Association website also lists Tilem & Campbell as one of “AFRA’s Lawyer Friends” because of our work in this legal area.