The CPS or ACS Investigation

father's rights attorney and advocateThe purpose of a CPS or ACS investigator coming to your house is to get information showing your children have been abused or neglected. They are not coming to your house to prove you didn’t abuse or neglect your children. Do not be fooled into thinking they are there just to clear the record with regard to the allegations. They are there to get evidence your children were abused or neglected. They are not there to clear you. Even if they don’t find evidence of child abuse or child neglect, they may be repeatedly coming back to your house to investigate you further.

Entry Into Your House

It is strongly suggested you do not allow the CPS or ACS worker into your house. Advise them you have a constitutional right to refuse entry and politely tell them they are not coming into your house. Do not get into an argument or confrontational situation with them.

There are occasions when the CPS and ACS worker will come to your door with the police. This still doesn’t allow them to come into your house without a warrant. However, there have been cases when the police are present they will force their way into your home. This may give rise to a civil lawsuit because both the police and CPS workers would have exceeded their legal authority. Once they are in your home, however, do not fight them. Cooperate as best you can and deal with the violation of your rights through the legal system at a later point in with CPS and ACS for parents on Long Island

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.