What Do I Do If I Get an “Indicated” Letter from Child Protective Services?

by josephnivin 

How to Fight an “Indicated” Finding from Child Protective Services (CPS)

Receiving an “indicated” letter from Child Protective Services (CPS) can be a distressing experience. This means CPS has concluded its investigation and determined there is credible evidence of child abuse or neglect. If you’ve received such a letter, it’s crucial to take immediate action to challenge the finding and protect your future.

What an “Indicated” CPS Finding Means

An indicated CPS report can have serious consequences, including:

• Employment Restrictions: It may prevent you from working in child care, education, or other professions involving children.
• Adoption & Foster Care: You could be disqualified from adopting or fostering children.
• Immigration Status: It may negatively impact your immigration applications or status adjustments.
• Custody Disputes: A CPS finding can be used against you in a child custody battle, affecting your parental rights.

Understanding CPS Investigations

CPS investigations typically begin when a report of suspected child abuse or neglect is made. The investigation process may include:

• Interviews with the child, parents, and other household members.
• Home visits to assess the living conditions.
• Review of medical, school, and daycare records.
• Consultation with professionals such as doctors, teachers, and social workers.

CPS can reach one of the following conclusions:

• Unfounded: No credible evidence of abuse or neglect was found.
• Indicated: There is some evidence supporting the claim, though it does not necessarily mean a criminal charge.
• Substantiated: The evidence strongly supports abuse or neglect, which may lead to further legal action.

Steps to Challenge an “Indicated” CPS Finding

If you’ve received an indicated letter, you have the right to appeal the decision. Here’s how we fight for you:

1. Request an Amendment

The first step is to request an amendment from the State Central Register (SCR) to change the finding to “unfounded.” While this request is often denied, it is a necessary step in the appeals process.

2. Request a Fair Hearing

If the amendment request is denied, your case will be sent to the Bureau of Special Hearings. At this hearing:

• CPS must prove that abuse or neglect occurred.
• We will present evidence and witness testimony to challenge their claims.
• If we demonstrate that the allegations do not pose a risk to children, your record can be sealed, preventing it from affecting your employment or personal life.

3. Take Proactive Steps

While waiting for your hearing, it may be beneficial to complete parenting classes, counseling, or other services that demonstrate your commitment to child welfare. Even if CPS proves its case, we can argue that past incidents do not make you a present or future risk to children, strengthening your appeal.

Your Legal Rights During a CPS Investigation

As a parent or guardian, you have rights during a CPS investigation, including:

• The right to be informed of the allegations against you.
• The right to refuse entry to your home without a court order.
• The right to consult with an attorney before speaking with CPS.
• The right to request copies of records related to your case.

Understanding and asserting your rights can make a significant difference in the outcome of your case.

How an Indicated Finding Affects Different Aspects of Life

Beyond employment and custody disputes, an indicated finding can:

• Affect professional licenses for fields such as healthcare and social work.
• Limit volunteer opportunities at schools, churches, and community organizations.
• Remain on record for years, impacting future background checks.

Success Stories & Case Examples

Many individuals have successfully fought and overturned an indicated CPS finding. For example:

• A mother falsely accused during a contentious divorce was able to have her record cleared after presenting evidence that the allegations were unsubstantiated.
• A daycare worker faced allegations from a misunderstanding but successfully appealed with strong character references and legal representation.
• A father wrongly accused due to a misinterpretation of discipline practices had his case overturned through expert testimony.

FAQs About CPS Indicated Findings

Q: Can an indicated finding be expunged?
A: Yes, if you successfully appeal the decision or after a certain period, depending on state laws.

Q: How long do I have to appeal?
A: The deadline to request a fair hearing varies by state but is typically within 90 days of receiving the indicated letter.

Q: Do I need an attorney to fight an indicated finding?
A: While not required, having an experienced attorney significantly increases your chances of successfully overturning the finding.

Why Choose Us to Fight Your CPS Case?

I have firsthand experience working as an attorney for the Administration for Children’s Services. My background allows me to anticipate CPS strategies and build a strong defense for my clients. I understand the legal system inside and out, and I am committed to helping you clear your name and move forward.

Schedule a Free Consultation Today

If you’ve received an indicated letter from CPS, don’t wait to take action. Call my office today to schedule a free 30-minute consultation. Let’s discuss your case and start the process of clearing your name.

Contact Us Now!dule a free half-hour consultation.

Joseph H. Nivin, Esq.
The Law Offices of Joseph H. Nivin, P.C.
(347) 642-0376

118-35 Queens Boulevard, Suite 1220A
Forest Hills, NY 11375

The Chanin Building
122 E. 42nd Street, Suite 2100
New York, NY 10168

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