Child Abuse and Child Protection Agencies – Part II

Screening by Child Protection Agencies in New York

Although child protection agencies in New York do conduct screenings, they have a tendency to send social workers and investigators out in almost every potential situation. Parents do not understand once the system starts an investigation against them, the agency will either come up with a report that child abuse or child neglect is “indicated” or child abuse or child neglect “is not indicated”. In the event a report is “indicated”, the agency can bring a child abuse or child neglect proceeding in the Family Court. In addition, the agency will file the report in Albany and a permanent record will be made.

Appealing Child Abuse or Neglect Findings

Parents have 60 days to file an appeal challenging the decision that they have been “indicated” for child abuse or child neglect. Sometimes parents do not understand the long term impact of being in a child abuse registry in Albany. These reports can impact on the types of jobs the parents can obtain in the future. It can cause them under certain circumstances to lose their jobs. It also creates a problem in the event there is a second or later report filed against them. This could cause the removal of their children from their home.

Dealing With Findings of Child Abuse or Child Neglect

In all situations where a parent has a report filed in Albany against them and they feel the information is untrue, incorrect or unfair, they should immediately retain an attorney experienced in handling child abuse allegations to protect their rights and have the report changed from indicated to not indicated.

Mandatory Reporters of Child Abuse

There are various categories of individuals that have a legal obligation to report child abuse or child neglect in all situations where they feel it may exist. This group of individuals includes teachers, school personnel, all healthcare workers, doctors and nurses, child care providers and members of all types of law enforcement agencies. When allegations of child abuse are made by mandatory reporters, the reports are taken more seriously than those made by anonymous phone callers.

Elliot S. Schlissel is a father’s rights attorney with more than 45 years of experience protecting father’s rights regarding claims of child abuse and child neglect.