It’s a busy day, and you receive an unexpected call from a Child Protective Services (CPS) caseworker. The caseworker informs you that report has been made against you for possibly abusing or mistreating one or more of your children, or the children for whom you are legally responsible.

What is a CPS report?

Initial reports are filed by someone who has purported to have witnessed or have reliable information regarding possible child abuse or maltreatment which may include allegations that can range from lack of supervision, lack of food, failure to go to school, up to serious allegations of physical or sexual abuse. Allegations require immediate action, particularly if the charges are false.

Abuse suggests that you are the perpetrator of the act. Neglect suggests that someone else is the perpetrator, but that you have failed to protect the child.

How did this happen?

The Statewide Central Register of Child Abuse and Maltreatment (SCR), maintained by the state Office of Children and Family Services (OCFS), relays information from the reports they receive from individuals reporting suspected child abuse or mistreatment to local CPS for investigation, and determines whether there are prior child abuse or maltreatment reports, according to CPS.

The SCR takes calls 24 hours a day, from two types of callers: those required by law (mandated) to report suspected cases of child abuse and maltreatment, such as teachers, police officers or medical or therapeutic personnel; and those from non-mandated (voluntary) reporters, which could include family members, friends, neighbors and anyone in the public. Either way, the reporting person’s identity is kept anonymous.

What should You do?

Individuals who are formally notified that there has been a report made against them alleging child abuse or maltreatment should cooperate with the investigation but they should immediately seek an experienced family law attorney to help guide them through the investigation process regardless of whether or not it is a false allegation. A caseworker’s investigation may include interviews with you and anyone else familiar with the child’s situation, home visits, interview with the child and actual physical examination of the child.

What if the report is founded?

If the investigation determines there is no cause of a finding of abuse or neglect, you will be notified usually within 60 days.

However, if you get notice that the report is “Indicated,” your name will go on the department registry and can lead to action being taken against you in Family or Criminal Court.

An indicated report can also affect your rights in the future such as rights to engage in a profession involving children; rights to secure firearms; rights to security clearance and rights to custody, adopt or have guardianship of a child in the future.

Appeal your case

An indicated report may be appealed but must be properly done within 90 days of written notice of the indicated report, according to the OCFS.

This will start the administrative review process where a specialized team looks at the report and investigation and makes a determination if there is enough evidence to retain the report as indicated. If the report remains as indicated, your appeal request will be sent to the Bureau of Administrative Appeals, where a hearing will be scheduled before an administrative law judge who will hear the case, similar to an informal court proceeding. You have a right to be present; to question witnesses and present evidence.

Unless successfully appealed, indicated reports are kept on file at the SCR until the youngest child named in the report turns 28 years old. Childcare employees, adoption or foster care agencies and other agencies or employers who work with vulnerable populations may be notified of the existence of the report against you if you are employed in or are seeking employment in, seeking to become a foster parent or adopt.

While you should generally cooperate with any CPS investigation, do not engage in the process without experienced legal counsel. Something done wrong at the start of the investigative process can prejudice you in the end. Also, don’t fight a CPS indicated report by yourself. Although state law does provide some protection for the rights of parents or others legally responsible for the child who have had indicated reports filed against them, having an experienced family law attorney at your side will help ensure that your rights and the child’s rights are not violated throughout the appeals and investigative process.

Tully Rinckey attorneys understand that issues handling false allegations of abuse and neglect can be challenging, and they will handle your matter with the attention and tact it deserves. If you have additional questions about appealing or responding to a Child Protective Services investigation, our team of attorneys is available to assist you today. Please call 8885294543 to schedule a consultation or schedule a consultation online.

Barbara J. King, Esq. is a partner in the Albany office of Tully Rinckey, PLLC. For well over three decades, she has been representing parents, spouses and other parties, as well as clients, nationally and internationally, in a wide range of family and matrimonial matters.