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Everyone cares about children, but not everyone has the same amount of information or the same perspective. This can sometimes lead to accusations of child abuse or neglect you never would have imagined but need to know how to respond to. This article explains what to do if you are accused of child abuse or neglect in New York, including:
How you respond to a false accusation of child abuse or neglect largely depends on who is making the accusation:
1. Accusations From a Parent, Relative, Neighbor, Or Friend
If the accusation comes informally from someone like a relative, friend, or neighbor, you don’t necessarily need to respond.
However, if the accusations are detailed or come from the other parent, particularly in writing, and seem connected to an upcoming custody battle or modification, it’s wise to respond in writing.
Consider explaining your perspective, possibly with the help of an attorney, to protect yourself from potential legal implications.
2. Accusations From Child Protective Services (CPS)
If Child Protective Services (CPS) is involved, take immediate and serious action. Contact an attorney who can guide you through the process, help you respond appropriately, and protect your rights.
In these situations, having legal support is essential to ensure your responses align with CPS requirements and prevent further complications.
If you’re contacted by Child Protective Services (CPS) in New York State, or the Administration for Children’s Services (ACS) in New York City, and accused of neglect or abuse, take the following steps:
Allegations of child abuse or neglect typically do not impact custody proceedings unless they lead to an investigation by Child Protective Services (CPS) or the Administration for Children’s Services (ACS). Here’s how different outcomes can influence custody:
1. If the CPS or ACS Investigation Finds Evidence
If an investigation results in an indicated report—meaning CPS or ACS finds a preponderance of evidence of abuse or neglect—these findings may influence custody or visitation.
However, the indicated report itself is not directly admissible in court; rather, a caseworker may testify about their findings during the custody hearing. You should be prepared to object if the other side attempts to introduce the report without proper testimony.
2. If the Investigation Leads to a Conviction or Court Finding
A criminal conviction or a clear family court decision affirming abuse or neglect would be admissible in custody proceedings. Such findings often prevent the accused parent from obtaining physical custody and may lead to supervised visitation.
3. If the Investigation Finds No Evidence (Unfounded Case)
If CPS or ACS does not substantiate the allegations, the case is considered unfounded. In this case, the allegations may still be raised, but without official findings, it becomes challenging for the accusing parent to prove them convincingly.
An attorney can help either side present or counter allegations effectively, ensuring the court considers relevant evidence or dismisses unfounded claims.
In all cases, having legal guidance is crucial to navigate the complexities of custody proceedings and protect your rights.
If you’re facing allegations of child neglect or abuse, working with an attorney is essential to effectively counter these claims. Here are the types of evidence that can help you refute specific allegations:
1. For Physical Abuse Allegations
A forensic physician can examine the child and/or medical reports and provide a professional assessment, which can be crucial if CPS or ACS has its own experts. Be prepared for this to involve significant costs, as it requires specialized expertise.
Gather letters or statements from teachers, coaches, or childcare providers who can confirm that they have never observed signs of abuse or heard any concerning statements from the child.
2. For Sexual Abuse Allegations
Similar to physical abuse cases, hiring experts to conduct evaluations and provide testimony can be key to refuting allegations, particularly if CPS or ACS is prepared with its own experts.
Attorney David Biven is a dedicated New York family law lawyer with offices in the Bronx and in White Plains. He has helped countless families, parents, and children navigate the difficult procedures around divorce or custody conflicts.
Are you facing accusations of child neglect or abuse during a divorce or otherwise? Contact The Law Offices of David Bliven today to schedule an initial consultation.
3. For Neglect Allegations
Tailor your evidence to address specific allegations. For instance, if the claim is school absenteeism, gather records of communications with the school, proof of tutoring sessions, or evidence of counseling to show efforts to support the child’s education.
If the neglect claim involves unmet medical needs, provide records of appointments, prescriptions, and follow-ups to demonstrate that the child’s health was appropriately addressed.
4. For Domestic Violence Allegations
If you’re a victim of domestic violence, document steps you took to shield the child from exposure, such as staying in a shelter or filing for a protective order.
If you’re accused of domestic violence, gather evidence showing that the child was not exposed to any violence. This can include statements from those who’ve observed the child’s behavior or environment.
5. Demonstrating A Safe Environment
Photos and videos of your home, showing clean, well-kept living spaces, stocked food supplies, and safe sleeping areas for your child, can directly counter claims of inadequate living conditions.
Contact teachers, counselors, or family friends who can attest to the child’s well-being and confirm they have not observed signs of excessive punishment or fear.
Preparing this evidence not only refutes false claims but also demonstrates your commitment to providing a safe and supportive environment for your child, strengthening your defense.
To protect your rights during a CPS investigation, having the right attorney is critical. Look for an attorney with specific experience in abuse and neglect cases, as not all attorneys are equally skilled in this area. While some public defenders may have experience with these cases, it’s important to confirm their effectiveness.
To evaluate for yourself how good that attorney is, try to determine:
You want someone who will have enough time to devote to your case; the last thing you want is for them to run out of time to be able to devote adequate resources to your defense against child abuse or child neglect accusations.
How you respond to a child protection investigation depends on whether it targets you or the other parent.
If The Investigation Targets The Other Parent
If CPS is investigating the other parent, the advice is straightforward: cooperate with CPS. Speak with them, answer their questions honestly, and allow them to talk with the children.
If The Investigation Targets You
If the allegations are directed at you, it’s important to take action. Follow the same steps above, but also contact an attorney immediately. If a Judge orders an investigation focused on you during a custody or visitation hearing, schedule an appointment with your attorney right away to figure out:
An attorney can also advise you on handling false accusations from an ex, especially if they’re intended to harm your case.
Legal action against your ex for false accusations is only possible if you can prove those claims were knowingly false. Simply having the accusations dismissed or unproven, in itself, isn’t enough to pursue a lawsuit.
For example, to hold CPS or the police accountable for a false arrest, you would generally need to prove they acted without probable cause. Just showing that the investigation didn’t uphold the allegations wouldn’t be enough. You’d have to demonstrate they had no valid reason to arrest you in the first place.
The same logic applies in Family Court. If the other parent accuses you of abuse or neglect, a Judge would first need to determine that the accusations were false. Even with this ruling, however, you’d still need to prove in a separate lawsuit that the accuser knowingly and intentionally made those false claims. The Judge’s finding is helpful—but not enough by itself—to meet this burden of proof.
If you’re facing a court hearing specifically for abuse or neglect—not just allegations within a custody or visitation case—your first appearance will likely be a 1027 hearing. During this hearing, the Judge will assess whether temporary orders are needed. This may include deciding if there’s a basis to remove the child from your home.
If your child has already been removed, the Judge will determine whether this should continue or if other orders are necessary. After the hearing, motions can be made to attempt a resolution, but if no agreement is reached, the court will schedule trial dates.
If you don’t have an attorney by this point, it’s essential to get one immediately to help navigate these proceedings and protect your rights.
Still Have Questions? Ready To Get Started?
For more information on How To Handle Child Neglect Or Abuse Allegations, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.
Attorney David Biven is a dedicated New York family law lawyer with offices in the Bronx and in White Plains. He has helped countless families, parents, and children navigate the difficult procedures around divorce or custody conflicts.
Are you facing accusations of child neglect or abuse during a divorce or otherwise? Contact The Law Offices of David Bliven today to schedule an initial consultation.
