If your spouse makes a claim against you of child abuse or neglect, CPS is mandated to investigate any and all accusations and you need to take it very seriously. When a CPS caseworker comes to your house, you need to be cooperative, but you need to contact your attorney immediately. Just because you might believe there was no basis for CPS to be called, doesn’t necessarily mean that’s how CPS is going to look at it. You need to be very careful, protect yourself, and call your attorney.
When CPS responds to a case, they will investigate the safety of the named child and any other minors in the home. This will help them determine if it is safe enough for the child to stay in that home. If they deem the environment unsafe, CPS has the authority to take a child into protective custody, to guard them from further abuse or neglect. CPS has 60 days from the day of the accusation to make determinations of the child’s safety or lack thereof. Steps are then taken to secure the safety of the child according to the court.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.