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