In New York State a parent can be charged with abuse and/or neglect of their child pursuant to Article Ten of the Family Court Act.  Child Protective Services (CPS) or NYC Administration of Children’s Services (ACS), through the Department of Social Services (DSS) can bring a proceeding for Neglect against a parent, ask the court to remove the child from the home and seek to terminate parental rights. CPS and ACS have the authority to remove the child before the commencement of the Neglect Proceeding in certain circumstances.  ACS and CPS have very powerful rights that can destroy a family if used improperly.

“ACS and CPS can remove your child before you have your day in court.  It is critical that you immediately secure competent legal counsel to protect you and your family’s rights.”

If ACS or CPS removes the child before the commencement of the Neglect Proceeding, of if ACS or CPS requests the removal of the child after going to court, the parent has the absolute right to have a hearing the court must return the child unless CPS or ACS proves to the court that the return of the child presents an “imminent risk to the child’s life or health”.  The court will appoint an attorney for the child called a law guardian; that attorney will represent the interests of the child.

“The court will appoint a law guardian who is an attorney to represent the child.  The parents should retain experienced attorneys to protect their rights.”

If the matter cannot be settled the court will hold a fact finding hearing.  CPS or ACS must prove the case for the court to make a finding that the child was neglected and/or abused.  If CPS or ACS fails to prove their case the petition will be dismissed.

If the court does make a finding as to neglect or abuse, the court will then hold a dispositional hearing to determine the final outcome.  After the dispositional hearing the court will issue a dispositional order.  The dispositional order may contain several different forms of relief, including the following:

• Suspended judgment;
• Release of the child to the parent(s) with supervision;
• Placement of the child in foster care; and
• Issuing an order of protection.

Upon a disposition of placement and supervision, if the parent does not comply with the ACS or CPS reunification plan the court has the authority to terminate the parent’s rights and put the child up for adoption.

If CPS or ACS is investigating your home, if you have received a summons to go to court for a neglect proceeding, or if your child has been removed from the home by CPS or ACS, you should consult with experienced neglect litigation attorneys without delay so you can determine and protect your legal rights.

The lawyers at the Law Offices of Paul A. Boronow, P.C. have been defending neglect petitions and helping families get reunited across Long Island and New York City in Nassau, Suffolk and Queens Counties for over twelve years with positive results.  We are aggressive and dedicated and remain a mere phone call away.

CALL TODAY FOR A FREE CONSULTATION.