Child Protective Services

When families are accused of child abuse or neglect, the consequences can be life-altering. In New York, Child Protective Services (CPS) is mandated to investigate allegations concerning the safety and well-being of children.

While CPS serves an essential role in protecting children, the process can be fraught with challenges that may not always account for the nuances of individual family circumstances.

If you find yourself facing allegations related to child neglect or abuse, having a knowledgeable advocate by your side can make all the difference. At the Law Office of Peter D. Hoffman, PC, we are dedicated to representing families in these difficult situations. Our attorney strives to ensure your rights are upheld and your voice is heard.

Understanding CPS Investigations

CPS investigations often commence when a report is made to the authorities, whether by school officials, medical professionals, or concerned individuals. These reports can stem from various sources of concern, and while they aim to protect children, they can also arise from misunderstandings or misinterpretations of a family's circumstances.

When parents advocate for their child, particularly in cases involving special needs education, school districts sometimes retaliate. This retaliation may include districts making claims of educational neglect, which are then reported to CPS.

Understanding the CPS investigation process can help alleviate some of the anxiety surrounding these situations. Typically, the investigation includes interviews with the child, parents, and other relevant parties, as well as a review of available records.

The goal is to assess the safety of the child involved and determine whether the allegations hold merit. This is a critical time to have legal representation, as your attorney can help you understand and handle the process and advocate on your behalf.

Representation for Families Accused of Abuse or Neglect

At our firm, we have represented numerous families facing claims of child abuse or neglect. Our approach is holistic, recognizing the emotional and psychological toll these allegations can take on families. We strive to provide comprehensive support throughout the process. This may include:

• Legal support: We will guide you through the CPS process, ensuring you understand your rights and options. We can help prepare you for interviews with investigators, ensuring you convey your perspective accurately.

• Advocacy: If you are an advocate parent whose efforts to secure appropriate educational programs for your child have led to retaliation or allegations of neglect, we are here to defend you. We believe that advocating for your child should not result in punitive measures against you.

• Fighting unfounded claims: If you believe the allegations against you are unfounded, our attorney will vigorously challenge these claims. We can help gather evidence, provide expert testimony, and construct a robust defense on your behalf.

Handling Appeals and Expungement of Findings

In cases where CPS has substantiated allegations, it’s essential to understand that you have the right to appeal these findings. It’s a complicated process, but having legal guidance can significantly enhance your chances of success. Our services include:

• Appeal processes: We will assist you in filing appeals against CPS findings by ensuring that all procedural requirements are met and that your case is presented effectively. This may involve compiling additional evidence, obtaining witness statements, and preparing legal documents necessary for the appeal.

• Expungement of records: In some instances, clients may seek to have unfounded allegations or allegations deemed unsubstantiated expunged from their records. This is vital for restoring your reputation and ensuring that no long-lasting impact on your family's well-being persists from these claims.

Retaliation Against Advocate Parents

Unfortunately, many advocate parents, especially those working to secure proper education for children with special needs, face retaliation which manifests as allegations of educational neglect.

When parents take a stand against school districts on behalf of their children, claims are sometimes made to CPS in an effort to undermine their advocacy. This can cause undue stress and confusion when parents are merely supporting their child's educational and emotional needs.

At the Law Office of Peter D. Hoffman, PC, we have extensive experience in handling cases involving these types of retaliatory claims. We believe that advocating for a child's educational necessities should not lead to punitive repercussions. Our firm will:

• Assess your case: We will evaluate the specific circumstances and motivations behind the allegations, looking for evidence of retaliation or misuse of the reporting system.

• Defend your advocacy: Our special education law attorney will work tirelessly to ensure that your advocacy efforts are recognized for their intent and purpose and not mischaracterized as negligence or abuse.

• Educate and inform: Part of our role is to inform families about their rights and the legal processes involved, which can demystify the situation and empower you to act with confidence.

The importance of legal representation

Facing a CPS case is daunting and can often feel isolating. Engaging with an attorney from the outset can provide you with not only legal support but emotional relief. Our attorney will act as your advocate, ensuring that you are never alone during this process and striving to protect your rights every step of the way.

Frequently Asked Questions

What should I do if I receive a CPS notification?

If you receive a notification from CPS, it’s crucial to remain calm and understand your rights. Do not make any statements without consulting an attorney who specializes in CPS cases. Document all interactions with CPS and gather any relevant evidence or documentation that may support your case.

How long does a CPS investigation typically take?

The duration of a CPS investigation can vary widely based on the difficulty of the case and the specific circumstances involved. Generally, investigations must be completed within 60 days, but this timeline can be extended if additional information is needed or if there are significant complexities.

Can I participate in the investigation process?

Yes, you have the right to be involved in the investigation process. CPS must consider your perspective, so it is important to provide them with your account and any documentation that you believe supports your case. However, it’s advisable to have legal representation to ensure that your rights are fully protected during this process.

Do you work with experts?

We work with a variety of experts who can help us communicate to the courts more effectively and defend against these claims. CPS should not be used as a weapon. They provide an important service to many children, but if your child’s school district has wrongfully involved them in your dispute, we can help protect your rights.

We help parents and children in CPS investigations and Fair Hearings. With an office in Sout Salem, New York, we protect the rights of parents with special needs children. Contact us via email or call today for more information. 

Child Protective Services Advocacy

If you are facing allegations of child neglect or abuse in New York, it is crucial to have an experienced attorney on your side. At the Law Office of Peter D. Hoffman, PC, we are committed to defending families against unjust allegations while ensuring that children receive the protection and advocacy they deserve.

We are ready to help you tackle these challenges head-on, fight against unjust claims, and work toward a resolution that serves your family's best interests.

Contact us today to discuss your situation and learn more about how we can support you during this difficult time. Your family's well-being is our priority, and we are here to help you handle Child Protective Services investigations with less stress. We serve clients throughout Westchester and Putnam County, Rockland County, Manhattan, and the Bronx.