CPS Category Archives — Long Island Family Law and Mediation Blog Published by New York, Family Attorney — Law and Mediation Office of Darren M. Shapiro, P.C.

Changes in the Standard Used to “Indicate” a CPS or ACS Matter Overview

March 5, 2022 | Law and Mediation Office of Darren M. Shapiro, P.C.

Law is an ever dynamic and changing field, which responds to evolutions in our society and the way we live. When changes occur to laws which may influence my clients, I attempt to offer an overview in the form of these blogs and articles, to assist in developing a deeper understanding.

Recently, changes occurred within the standards used to “indicate” a case in Social Services law. These changes were introduced within “Part R” of chapter 56 of the laws of 2020 – sometimes referred to as the “SCR reform legislation”. Among other alterations, the new law changes the standard of evidence which must be implemented when determining whether to indicate a report of child abuse or maltreatment.

The new standard adapts the rule from providing “some credible evidence” to providing “a fair preponderance” for evidence. Let’s take a closer look at the changes. Continue reading ›

Understanding Maltreatment: When is Behavior Recognized as Child Maltreatment?

December 25, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Kissing-Parents-300x200 In a previous blog, we began discussing the basics of “Maltreatment” in cases involving children. The term “maltreatment” can be somewhat complex, as it often refers to a number of different acts which might put the child in the case in danger. Maltreatment might be identified as “negligence” or direct endangerment of the child. It could also apply to situations wherein a care provider has failed to properly look after a child in their charge.

Child maltreatment cases can emerge in everything from personal injury law, where parents or officials may make a claim against an individual for maltreatment, to family law, where a party may use a finding of child maltreatment to reduce a spouse’s exposure to a child.

To further define what “maltreatment” may entail in the legal landscape, particularly the world of family law and Child Protective Services investigations, let’s look at some cases wherein the courts of New York explored the issue in greater depth. Continue reading ›

How is Maltreatment Defined in ACS, CPS and Child Cases?

December 16, 2021 | Law and Mediation Office of Darren M. Shapiro, P.C.

Young-Parents-1-300x207 Since I began my focus in matrimonial and family law in 2004 and working as a child custody attorney, divorce lawyer, and mediator throughout New York and Long Island, I’ve discovered some cases are always more complex than others. Cases involving children, for instance, are often the most emotional for everyone involved. This is particularly true when the safety of the child is brought into question.

The duty of ACS, Child Protective Services or a court when dealing with cases involving children is to make sure the child in question remains safe and protected with the order provided. For CPS investigations this might mean “indicating” someone for child maltreatment or filing a neglect case in family court. In a child custody and parenting time case this means when making orders around custody and visitation, the courts will consider all of the details of the situation surrounding the case carefully, to determine what outcome is in the “best interests” of the child.

A number of factors can contribute to a determination of a child’s best interests, including any evidence presented by an individual or party in the case, and the accusations made by plaintiffs during a child custody or divorce case. One particularly worrisome concept is when an individual is accused of “maltreatment” of a child. Continue reading ›

Should I Admit Neglect When Challenging a CPS or ACS Indicated Case?

February 13, 2020 | Law and Mediation Office of Darren M. Shapiro, P.C.

Lawyeratdesk-300x200 In this blog we’re going to be talking about the administrative process that occurs when someone challenges an indicated finding of neglect or abuse.

If there is a complaint made to Child Protective Services (the agency responsible if it is on Long Island or outside of New York City) or the Administration of Children’s Services (the agency responsible for New York City), a process begins. The agency has 60 days to either indicate the case (aka determine that the case is founded) or decide that the case is unfounded (aka not indicated).

There is a low standard applied in the initial indicated determination of “some credible evidence” in order to decide whether to indicate the case or not. Because of this low initial standard, some cases that are relatively minor or there is weak evidence get indicated initially despite the low amount of evidence of neglect. Continue reading ›