Child Protective Services (CPS) Reports
When CPS investigates allegations of abuse or maltreatment they close their
file by either determining that the allegations are "unfounded"
or "indicated" in that there is reason to believe that such
abuse or maltreatment occurred. An "indicated" report can be
devastating to the personal or professional life of the individual. The
consequences of an "indicated" report are far reaching and can
have consequences regarding custody, visitation, employment, licensing
and remains in the New York State registry for years.
The Fair Hearing
After an "indicated" finding the individual is entitled to have
a Fair Hearing pursuant to New York State Social Services Law section
422(8)(c). At the Fair Hearing the issues to be decided are if there is
a fair preponderance of the evidence that the individual committed the
abuse alleged and if such abuse is currently relevant and reasonably related
to employment by a child care agency, to the adoption of a child or to
the provision of foster care.
At the Fair Hearing if the individual is successful the New York State
Central Register of Abuse and Maltreatment (the Central Register) will
amend the indicated report to unfounded and seal the report.
White Plains Fair Hearing
Andrew Proto, represented a father accused of abusing his daughter and after a Fair
Hearing held at the local DSS office in White Plains the Administrative
Law Judge (ALJ) Ordered that the report should be amended from indicated
to unfounded and sealed.
Attorney Proto, presented witnesses and evidence that the report of abuse
was not credible and there was no evidence presented that the allegations
were true by a fair preponderance of the evidence.
It is very important to speak with a top Family Court Attorney as soon
as possible even while the CPS investigation is proceeding. The consequences
can be severe and a lawyer can guide you though the process and speak
to CPS and/or law enforcement on your behalf.