Amending a CPS Report from Indicated to Unfounded
The Office of Children and Family Services (OCFS) have the administrative
function to amend an "indicated" finding to "unfounded".
After a CPS, DSS or ACS investigation a letter is sent to the party with
a determination of indicated or unfounded. If indicated it is very important
to challenge the finding as an indicated finding can have a negative on
an individual for a significant period of time.
This first step is to request an amendment by letter to unfounded. If that
request is denied a Fair Hearing is scheduled before an Administrative
Law Judge to make a determination if the report should be amended to unfounded.
The Fair Hearing is a complex proceeding and one should never appear at
the hearing without legal representation. Ideally once a person is made
aware of a pending investigation they should contact a Family Law attorney
as soon as possible. It is not recommended to wait until CPS makes a finding.
The Westchester County
family law attorneys at
Riebling, Proto & Sachs, LLP regularly challenge OCFS indicated findings and represents clients both
while an investigation is pending and at the administrative Fair Hearing.
Recently, at a Fair Hearing held in White Plains, New York our attorneys
successfully represented a father that was accused of abusing his child
over the course of several months. Despite the allegations of abuse and
the indicated finding our office was successful in having the finding
of indicated amended to unfounded.
Also, after a Fair Hearing held in Rockland County, New York the Administrative
Law Judge agreed with our attorneys that the prior indicated finding should
be amended to unfounded. In that case and employee of a child care facility
was indicated for failure to provide adequate care. It was very important
for the client to be successful at the hearing as she held child care
licenses and an advanced degree. Any indicated finding would prohibit
her from working with children. After an extensive investigation and interviews
with proof presented at the Fair Hearing it was determined that the client
had not been neglectful towards the children. The report was amended from
indicated to unfounded.
These two success stories are just a few examples of how our attorneys
aggressively represent our clients and continuously fight for our clients
even against tough odds. Every case is different but you or a loved one
is currently under investigation by CPS or have an indicated finding call
our law office for a
free consultation. We can explain your options and how we can challenge the findings.
Find out more aboutwhy you should hire us! And our
past case results!
We represent client in Westchester County, New York, Orange County, New
York and all surrounding counties. Call Today (914) 946-4808.