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

by josephnivin 

If you’ve received an “indicated” letter from Child Protective Services (CPS), you’ve already been through a horrific experience. A caseworker has probably come to your home to speak with your child outside of your presence. He or she has also probably spoken with your child’s pediatrician and day care staff, if your child attends day care. While these things are all bad enough, what’s even worse is if you get a letter saying that the investigation was concluded as “indicated.”

The consequences of an “Indicated” letter from CPS

An indicated finding on your record may hurt you if:

• You want to get employment in the childcare field
• You want to become a foster or adoptive parent
• You are currently trying to change your immigration status
• You are in a custody case or will be in the near future

How We Fight the “Indicated” Letter For You

First, we write a letter to the State Central Register asking to amend the conclusion to “unfounded.” It is most likely the state will decline that request. However, that’s not the end of the process: The state will then send your case to the Bureau of Special Hearings and we will get a “fair hearing.” At the fair hearing, the agency will have to prove that you committed an act of child abuse or neglect, and we get to tell your side of the story.

While the hearing is taking place, it may be a good idea to get into services to remedy any of the alleged acts of abuse or neglect. Even if the agency proves that you actually committed those acts, we can still win if we show that whatever happened in the past would not make you a danger to children, whether by becoming a foster or adoptive parent or if you get a job in the childcare field. Then, the record would be sealed, so that it does not affect your application to any employer or agency.

I used to work as an attorney for the Administration for Children’s Services, so I am very familiar with the system.  I’m more than happy to help you. If you have an indicated case, please call my office to schedule 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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