Representation During CPS Investigations
A CPS investigation is not a court case. It is an administrative investigation by the local child protective service; in Westchester, that is the Department of Social Services. An investigation may close without court involvement. If the agency files a petition in Family Court, the matter becomes an Article 10 proceeding, which is a separate court case (see Child Abuse and Neglect Proceedings).
Gregory Salant represents parents from the first contact with CPS. His extensive experience in child protective matters, including as an Attorney for the Child, informs his advice at each stage.
Situations Gregory handles
A caseworker has come to your home or called after a report from a school, doctor or other source.
CPS wants to interview your children, or asks you to sign releases, a safety plan or agree to services.
A report was made during a divorce or custody dispute.
You received notice that a report was "indicated."
How an investigation proceeds
Reports to the New York Statewide Central Register (SCR) are sent to the local CPS, which must begin the investigation within 24 hours and generally must determine within 60 days whether the report is "indicated" or "unfounded". Caseworkers may visit the home, interview the children, the parents and others, and request records.
Your rights during the investigation
You may consult a lawyer before speaking with a caseworker or signing anything. Caseworkers may ask to enter your home; whether and how to respond is something to discuss with a lawyer. Cooperation is often advisable, but it should be informed. Gregory advises parents before interviews, communicates with the agency, and helps them respond to service requests.
Indicated and unfounded reports
An unfounded report is legally sealed. A report is indicated when the agency determines that a fair preponderance of the evidence supports the allegations (the standard for investigations begun on or after January 1, 2022). Indicated reports generally remain on the SCR until ten years after the youngest child named turns 18, and may be disclosed in certain employment, licensing and screening checks.
Administrative review and fair hearings
A parent may ask the New York State Office of Children and Family Services (OCFS) to amend an indicated report to unfounded. The request must be made within the deadline stated in the notice of indication. If the request is not granted, the parent may request an administrative fair hearing. Gregory represents parents in these administrative proceedings.
When an investigation leads to Family Court
If the agency files an Article 10 petition, or seeks an emergency removal, the matter moves into Family Court. → Child Abuse and Neglect Proceedings
Common questions about CPS investigations are answered in our frequently asked questions.
Contacted by CPS? Schedule a Consultation before your next meeting with the caseworker · (914) 683-2500