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.
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.
