Video : Removal of Children from the Home By ACS or CPS updated

Video : How an Attorney Can Help If You’re Being Prosecuted by CPS or ACS

Video : Beware of CPS and ACS Investigators

CPS and ACS Oppression

CPS and ACS Oppression The widespread use by CPS and ACS of bringing actions to remove children when one of the parents have been subject to domestic violence has been a great injustice. The overuse of removing children from homes by CPS and ACS workers have made significant portions of the population reluctant to seek help when woman a finds herself in a domestic violence situation.

Mandated Reporters

Mandated reporters such as teachers, social workers, psychologists, psychiatrists, police officers, nurses and doctors feel they have to report any possible situation to CPS and ACS, where a child may have been injured. CPS and ACS believe children should not be forced to live in a home where there is domestic violence. However, the victims of domestic violence should not be punished twice. They should not be punished as the person being abused by the perpetrator of domestic violence and then further abused by the CPS and ACS agencies who are supposed to be protecting them and their children. Unfortunately, mandated reporters cause a lot of these problems.

CPS, ACS and the Perpetrators of Domestic Violence

CPS and ACS do not have the power to arrest individuals who are guilty of domestic violence. They are social service agencies. They often do not take action against the perpetrators of domestic violence. In these situations, the mother who is usually the victim of domestic violence must go to the police and seek prosecution against those individuals. However, most mothers do not understand this. They think the CPS and ACS workers who show up at their home are there to protect them. They’re not there to protect the mothers. They’re only there to protect the children from being exposed to domestic violence, which often involves removal of the children from the home where the mother was the subject of the domestic violence.

CPS and ACS Powers

CPS and ACS do not have law enforcement powers. They’re only a social service agency. They do have the power to remove the custody of children from parents. The purpose of this power is designed to protect children and remove them from situations which put them in immediate danger. This power is not designed to punish the victims of domestic violence because removing the victim’s child from their household is terrible punishment. Since CPS and ACS have no law enforcement powers they do not take action against perpetrators of domestic violence. They simply remove the children from the household.

CPS Has Options

In domestic violence situations, New York law and Federal law requires CPS and ACS workers to help pursue family preservation strategies as well as protect children. CPS and ACS should make reasonable efforts to establish service plans for families to follow. However, mothers can find themselves in an adversarial situation with CPS and ACS. They tell the mother to do the programs they recommend or we’re going to take your children away. To a mother has been abused in a domestic violence situation, this is not the help she’s looking for.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at or 800-344-6431.

Beware of CPS and ACS Investigators.

Beware of CPS and ACS Investigators.CPS and ACS investigators are often looked at as a selfless agency helping to protect innocent children who find themselves in dangerous inappropriate situations. CPS workers are often credited with rescuing children, saving children’s lives and being the protectors of the innocent. While this is true there are many horrendous nightmare stories involving CPS and ACS investigations that destroy families they are supposed to protect. There are many situations where innocent injuries which are the normal part of children growing up develop into cases of child abuse or child neglect. Children skin their knees. They sometimes break their bones. They can be are injured while playing, participating in athletics or horsing around. However, even in these innocent situations, CPS workers and ACS workers have been known to threaten or remove children from nonviolent, loving parents based on false allegations of lack of guardianship or failure to properly parent the children.

Sexual Abuse and Parents

Sexual abuse of children exists in our society. Who are the sexual abusers?
Physical abuse or sexual abuse often involves another family member. Sometimes a male member of a household. It can be another child in the household or another child that who plays with the family’s child. When this physical or sexual abuse is reported the parents usually expect CPS and ACS will help them and try to punish those individuals who perpetrated the physical or sexual abuse of their child. Often these parents are shocked when CPS or ACS goes after them and charges them with failure to act as appropriate guardians that led to the sexual abuse the parents had no idea was taking place. In these situations, the parents are subject to investigations. Sometimes while the parents are investigated the alleged perpetrators of the physical or sexual abuse are ignored. CPS and ACS workers can threaten the parents that they’re going to take their child or children away from them. Instead of helping families subject to abuse the investigators have been known to prosecute the parents.

Domestic Violence Situations

Other situations where improper actions are known to be taken by CPS and ACS investigators is when there is domestic violence in the family household. Often the victims of the domestic violence contact CPS or ACS and report the incident. The children in these cases are aware of or are in the room when the incident takes place. In these situations, CPS and ACS have a tendency to go after both the perpetrator of the domestic violence as well as the victim of the domestic violence. They are often charging the victim of domestic violence with child abuse or child neglect for allowing the children to be present or to be around a domestic violence situation. The victim of this domestic violence may be a woman who has actually done everything in their power to protect her children. In spite of this in many cases the victims of domestic violence have been indicated for child abuse and child neglect.

Many mothers would rather be threatened with prison than losing their children from being in a relationship involved domestic violence. The level of proof CPS and ACS workers are required to set forth against a mother who is a victim of domestic violence is minimal. In these cases, it makes it very difficult for the mother to defend herself. This is often the situation when the mother is charged with “failure to protect the children” or “the mother should have known to remove the children from a household that may be subject to domestic violence.” In these cases, the mother may have no place where she can go. In many of these cases CPS and ACS seek to remove the children from the mother’s custody for her failure to protect the children. Failure to protect the children not from the abuse but from being present while she was abused. These stories of abused women being prosecuted by CPS and ACS have been documented on many occasions.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at or 800-344-6431.

How an Attorney Can Help If You’re Being Prosecuted by CPS or ACS

How an Attorney Can Help If You're Being Prosecuted by CPS or ACS When a case is brought against you by CPS or ACS the investigators are backed up by supervisors, prosecuting attorneys, and people with expertise in dealing with these issues. The best way for you to level the playing field and protect your family is to hire an experienced ACS and CPS defense attorney. In most situations, it is important you seek legal counsel as soon as possible. It is especially important you meet with an attorney, discuss your rights and review the consequences of being interviewed by CPS in ACS. Sometimes it is a mistake to try to simply explain a situation where there has been an injury to a child. These interviews can make the parents situation worse or amount to an admission of guilt regarding the allegations against them. There are no Miranda rights when speaking to a CPS or ACS worker. Anything you say can be used against you or be misinterpreted.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at or 800-344-6431.

Removal of Children from the Home By ACS or CPS

Removal of Children from the Home By ACS or CPSIn most cases, unless the CPS investor or ACS investigator successfully obtains a court order authorizing the removal of your child, your children will not be removed from your house. A CPS or ACS investigator cannot simply show up unannounced and take your children from you. In situations where a Judge finds children have been harmed, or is there a significant risk of abuse or neglect a Judge can order CPS or ACS to remove a child from your home during the course of the investigation against you, should the Judge feel the situation in your home is such it would be dangerous or inappropriate for the children to remain there. The children can be placed in foster care during the pendency of your case. If the children are going to be removed from your home, an application can be made to have the children placed with a grandparent brother, sister, or other family member instead of having the child placed into foster care.

Termination of Parental Rights

If a Judge in Family Court finds you are guilty of significant allegations of either child abuse or child neglect legal action involving the termination of your parental rights can be taken by the ACS or CPS prosecutor against you. If your parental rights are at risk it is absolutely necessary you hire an attorney. If you can’t afford attorney, you can advise the Judge, and the Judge may appoint an attorney to represent you.

The removal of children from the parent home is an extreme remedy. Once the parents rights are terminated, their rights to raise the children will not be restored. If the mother has another child and CPS or ACS is involved regarding the mother’s behavior they will use the prior proceedings against her, regarding the second child.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at or 800-344-6431.

Defending CPS and ACS Investigations Involving Allegations of Sexual Abuse

The Investigation

Defending CPS and ACS Investigations Involving Allegations of Sexual AbuseNumerous individuals are considered mandatory reporters. The individuals considered mandatory reporters include guidance counselors, teachers, nurses, doctors, therapists and police officers. These individuals are required by law to report any suspicion of child abuse to Child Protective Services (CPS) or Association of Child Services (ACS). Any individual can place an anonymous call to CPS or ACS and report activity involving child abuse or child neglect of any type. Almost immediately after these calls, if they are thought to be credible, an investigator is sent to the home where the alleged child abuse of child neglect took place.

False Reports Of Sexual Abuse

ACS and CPS manuals only mention issues involving false child sexual abuse reports. However, child protection investigators and police officers are not trained in the area of false sexual abuse investigations. When sexual abuse allegations are made and they are usually assumed by the investigators to be true. What is not taken into consideration is the dynamics of the relationship between the patents. Also not taken into consideration are the age and susceptibility of the child to false statements which have been placed in the child’s head and rehearsed by one parent against another.

Therapy Problems

In cases involving child abuse CPS and ACS sometimes recommend victims to enter into a sexual abuse treatment program. These programs have two types of therapies. Directive and non-directive play therapy. Play therapy involves a child playing with an anatomically detailed dolls, puppets drawings and sand trays. Unfortunately these types of therapies can be misguided. They can potentially treat a non-sexually abused child as a victim of sexual abuse. This can be the cause of adverse child experiences in children.

What to Do If Accused of Child Sexual Abuse

The first thing an individual should do if accused of child sexual abuse is to hire an attorney to defend these types of allegations. The accused person should not be interviewed without consulting with an attorney who has an expertise in this area of the law.

The Presumption of Guilt

CPS and ACS will presume the allegations children make are true. They believe whatever the child states even if it is impractical. It must be pointed out approximately 95% of all child sexual assault allegations have no medical findings or trauma. The standard in Family Courts is what is in the child’s best interest. It is often found in the child’s best interest to take no chance and even a wrongly accused person should be prevented from having further exposure to the child who was allegedly sexually abused. In many cases Father’s and Step-Fathers are falsely accused of child sexual abuse. Judges are educated to be cautious. The standard isn’t truth or innocence when there are sexual abuse allegations. The standard is what is in the child’s best interest. Judge’s are often concerned about being accused of failure to protect innocent children. Unfortunately this can trample the rights of the accused father.


If there are allegations of improper sexual conduct involving a child, an individual exposed to these allegation must immediately retain an attorney that has an expertise in defending against ACS and CPS investigations of this type.

schlissel-headshotElliot S. Schlissel, Esq. is a divorce lawyer representing men and women throughout the Metropolitan New York area. He can be reached at or 800-344-6431.