Child Protective Services (CPS) Defense Lawyer in Westchester County
What Are My Rights With Child Protective Services?
When you are dealing with Child Protective Services (CPS), it’s critical to act fast to ensure your rights as a parent are protected. Whether you are currently being investigated, just learned that you will be investigated, or your child has already been removed, we’re here to tell you there’s hope.
With the right attorney on your side, you can avoid the endless, confusing maze that is often felt by parents who are dealing with CPS cases. At Riebling & Payton, PLLC we carefully listen to our clients and their unique situations to provide them with a candid assessment of their legal options. It’s in your best interest to act quickly, because the sooner you call, the more we can do for you. We may be able to prove that false allegations were made based on misunderstandings.
Ready to talk to a CPS attorney? Call (914) 712-6878 to schedule your free case evaluation.
New York Child Protective Services Process
The first action CPS will take is to investigate the child’s residence to determine if the child’s living situation is harmful. Depending on the severity of evidence found, the CPS agent may have the authority to remove the child from the home immediately.
If insufficient evidence of reasonable danger is found, CPS may look for other signs of misconduct at the residence. If they find any other signs of misconduct at the residence, they will file an Article Ten Motion, which permits them to perform a more thorough investigation and conduct interviews with the child and/or other family members.
The following issues may bring CPS into your home:
- Emotional abuse
- Physical abuse
- Other endangering issues
What Are My Rights as a Parent?
It is completely normal to feel nervous or anxious when dealing with the CPS agency. However, it’s important to know what rights you have as a parent under New York Law.
The following rights can help you navigate the CPS process:
- Denying access to your home: The 4th amendment protects you from “illegal search and seizure,” meaning no government agency can enter your property without a court order.
- Right to know: If a CPS agent comes knocking on your door, you have every right to know exactly why they want to perform a search. You can ask the assigned agent to describe any allegations made against you and you may ask for written documentation.
- Hiring an attorney: You have the right to hire a lawyer before you speak to any CPS agent. This is your best chance at avoiding CPS court orders, as words can be twisted by the time information gets to the local court.
Representing New York Families Accused of Child Abuse or Neglect
When you’re at risk of losing your child, there is too much at stake to settle for an inexperienced or mediocre attorney. At Riebling & Payton, PLLC, we can protect your rights in every aspect of the CPS investigation. We recognize the frustration and stress felt during cases involving CPS, which is why we are committed to providing our clients with the information and support they need during this trying time.