What happens during a CPS investigation?
A report is made to the State Central Register, and the local child protective unit — the county Department of Social Services — investigates. A caseworker will typically want to speak with the parents, see the home, and interview the children.
The investigation ends with the report being determined indicated or unfounded. An indicated report can be challenged administratively.
You are entitled to ask questions during an investigation: what the allegation is, what is being asked of you, and whether you can have a lawyer present. Getting advice at this stage — before a petition exists — is the single most useful thing a parent can do, and it is the stage at which most parents do not call anyone.
What happens if a petition is filed?
An Article 10 proceeding begins in Family Court, brought by the county on allegations of neglect or abuse.
Neglect generally means that a child’s physical, mental, or emotional condition has been impaired, or is in imminent danger of impairment, because a parent failed to exercise a minimum degree of care. The standard is not perfect parenting, and poverty alone is not neglect — though these cases sometimes arrive looking like it.
Abuse covers more serious allegations of physical or sexual harm.
The proceeding moves through a fact-finding hearing, where the county must prove its allegations, and then a dispositional hearing, where the court decides what happens. Outcomes range from dismissal to supervision with services in the home to placement of a child outside it.
What if a child has already been removed?
A parent can apply for the child’s return, and the court must hold a hearing on that application promptly — this is a Family Court Act §1028 hearing.
This is time-critical. If a child has been removed, get counsel immediately rather than waiting for the next scheduled date.
Your rights
- You have the right to a lawyer, and to assigned counsel at no cost if you cannot afford one
- Statements to a caseworker are not confidential and can be used in the proceeding
- A child in the proceeding has their own attorney, appointed to represent the child
- You may participate in the hearings, present evidence, and cross-examine witnesses
Frequently asked questions
What happens if CPS files a neglect petition against me?
An Article 10 proceeding begins in Family Court. You are entitled to a lawyer, including assigned counsel if you cannot afford one. The county must prove its allegations at a fact-finding hearing before any disposition is made.
Should I talk to CPS without a lawyer?
What you say can be used in a later proceeding. Getting advice before speaking at length is the most useful step a parent can take, and it is available before any petition is filed.
What is the difference between neglect and abuse?
Neglect generally involves impairment or imminent danger of impairment from a failure to exercise a minimum degree of care. Abuse involves more serious allegations of physical or sexual harm. Both proceed under Article 10.
Can I get my child back if they have been removed?
You can apply for return, and the court must hold a hearing on that application promptly. Act immediately — this is the most time-sensitive stage of the case.
Can I get a free lawyer for a CPS case?
Yes. Parents in Article 10 proceedings are entitled to counsel, assigned at no cost if you cannot afford one.
Related: Child Custody & Parenting Time · Child Support · Spousal Support & Maintenance · back to Family Law
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539