Abuse/Neglect

CHILD ABUSE AND NEGLECT

You've been contacted by
Child Protective Services

You've been contacted by Child Protective Services.
You are at work and don't know how to handle the situation.
It is the middle of the night and you are being questioned about the safety of you children.
A caseworker has been to your child's school to interview the child.
What are your rights?
Will your children be taken away?
Should you just explain what happened and everything will go away?
Any statements you make, no matter how innocent you may think they are, may be used against you.

What is a Mandated Reporter?

The source of a report of child abuse or neglect may be a neighbor, a family member, an anonymous source or a "mandated reporter."

A Mandated Reporter is someone who, under the law, is required to report suspected child abuse when, in their professional capacity, they have reasonable cause to suspect child abuse or neglect.
Mandated reporters include Doctors, Physician's Assistants, Nurses, Hospital Social Workers and other medical professionals.
Psychiatrists, Psychologists, Therapists and other mental health professionals.
School teachers, Guidance Counselors and Administrators. School nurses, psychologists and social workers. Day care workers.
Alcohol and Substance Abuse counselors.
All Police and Peace Officers, District Attorneys and Assistant District Attorneys, and any other law enforcement personnel.
All calls to the Child Abuse Hotline generate a document called an Oral Report Transmittal (ORT) which will be introduced in court, if the matter goes that far. The source of the report will be identified on that report.
The ORT will name the source if it is a mandated reporter. Otherwise, it may list a non-mandated source or it may list the source as anonymous.
The ORT will contain a narrative of what was reported to the Hotline.

Immediately contact an attorney

You need an attorney that is experienced in handling these types of proceedings.
DO NOT MAKE ANY STATEMENT WHATSOEVER until you've spoken to an attorney. Too often, by the time an attorney becomes involved, "admissions" have been made.
I have over 25 years defending the rights of parents in child abuse and neglect cases.
Let me help you avoid the traps that will make result in unduly lengthy dealings with the foster care system.
I have done hundreds of trials over the years. I will aggressively handle your case and take it to trial if necessary.

Don't feel as if all is hopeless.

You need an Experienced
and Compassionate legal team
behind you.

How can I get my children back?

Child Protective Services may remove a child, without prior court approval, if the deem it necessary to protect the child from imminent risk of harm. They must then immediately go to court and have the actions reviewed by a judge. Otherwise, they must first go to court and get a removal order.

You may be notified by a caseworker that you should come to court. That means they are intending to file a case.
You may be served with a Summons and Petition directing you to appear in court. That means that a case has already been filed.
The court may have issued a removal order. Your child(ren) may be removed from school or there may be a hospital hold---which means a child will not be discharged to the parents.

You need a lawyer right away

If your child is removed, you are entitled to a 1028 Hearing, asking for the immediate return of your children. That is an important stage in the proceedings and it can determine whether your child is in foster for days, months or years.
A 1028 hearing must begin within 3 days of the removal of the child. The scope of the hearing is limited to the issue of imminent risk to the child if returned to the parent's care.
Be armed with an experienced attorney to defend you and protect your child's well-being at this crucial stage.

The Law Office of Ralph Duthely - 153-01 Jamaica Ave., Suite 201, Jamaica, NY 11432 - (718)380-1602