What Steps Should You Take When ACS Opens a Child Neglect Investigation?

When ACS opens a child neglect investigation, it’s always scary. The most important step is to immediately contact a Forest Hills, NY child abuse attorney to protect your family and get help for going through this process.

Know and Exercise Your Rights

Refusing Entry

When ACS gets a report, a worker will generally ask for permission to enter your home, talk with you about the concerns, and speak with your children. In fact, they may not so much “ask” as push. You have the right to refuse entry into your home unless the caseworker has a court order, which they rarely do on the first visit.

ACS will note your refusal, and if they want in, they must find another way, which usually means asking the Family Court for permission to enter or to have the children produced for an interview. Refusing them entry does not automatically mean your children will be removed, but it may speed up court involvement. As soon as you’ve refused entry, or even as you are doing so, call a lawyer.

Remaining Silent

You have the right to remain silent and to have a lawyer present before answering questions or allowing interviews with your children, and ACS must inform you of these rights at the first contact. You can request an interpreter if English is not your first language. Do not sign any documents or agree to a safety plan until you understand exactly what they say and your lawyer has looked over them.

Getting Clarity

You have the right to receive a Notice of Existence letter that tells you an investigation is open and provides contact information for the assigned caseworker, supervisor, and manager. The letter won’t spell out the exact allegations, but you have the right to ask for a redacted copy of the report (which you can request at this link).

ACS must also interview all parents named in the report, any other caretakers, and every child living in the home or for whom you are responsible. They may also reach out to schools, doctors, neighbors, or other people who know your family.

Talking to a Forest Hills, NY Child Abuse Attorney

The moment you learn about the investigation, schedule a consultation with a qualified family law attorney who handles ACS matters in the Queens Family Court. This is the most important right you have, and your lawyer will protect all your other rights and help you fight effectively.

Your attorney can review the Notice of Existence with you, explain what the allegations might mean, and help you decide how to respond. Many parents wait until a petition is filed in the Family Court before seeking help, but waiting can limit your options. And if you do end up in court, no one is better suited to preparing you for this than an experienced family law attorney.

If you are facing an ACS child neglect investigation, call us at the Law Offices of Joseph H. Nivin, P.C. at 347-657-6271 right away to protect your rights and your children. We serve all of Queens from our Forest Hills, NY office.

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