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Under New York law, the judge or referee assigned to a custody or visitation case must consider any allegations of abuse or neglect. Specifically, they are required to check the Central Registry in New York, a database that records:
If a judge or a referee checks the database and finds a report of child abuse and neglect, they must consider that in their decision regarding custody or visitation.
In cases where a parent or anyone else alleges child abuse or a violation of child safety, the judge or referee will typically order a report from the Administration for Children’s Services (ACS). The case will then be delayed for a number of weeks or months pending an investigation.
During that time, ACS will interview the parents, siblings, other people living on the premises, other family members and the child (if the child is old enough). They may also make collateral contacts with the school or medical providers. Finally, ACS will issue a report to the court. That report is also available to all attorneys and parties to the case for reading but not copying.
If you’re falsely accused of child abuse, always cooperate with ACS, your attorney and the court. Answer all questions truthfully. However, if there’s anything that could have criminal consequences, you should speak with your attorney first.
Most people have assigned attorneys in family court neglect cases. Let them advise you whether you should speak to ACS or the judge.
Attorney Jeffrey Johnson is a skilled lawyer based in Staten Island, NY, who has helped countless clients just like you navigate the intricacies of family law. With more than 30 years of experience, he is prepared to assist you in dealing with false allegations of child abuse so you can protect your parental rights and access to your children.
Still have questions? Ready to get started? Contact the Law Office Of Jeffrey W. Johnson today to schedule a free initial consultation.
If you’re falsely accused of child abuse, speak to your attorney. They will decide, based on what you tell them and the facts, what evidence you need to gather.
If ACS is bringing a neglect or abuse case, they must provide a case record to your attorneys that includes documentation from their case worker’s investigation and what witnesses have told them in interviews.
ACS may also have relevant medical and school records. Your assigned attorney will have access to these records, but there may be other ACS records your attorney needs and is entitled to.
In addition, you should tell your attorney about any other relevant evidence, and they will decide whether to present it to the court.
While making a false allegation to ACS is not a criminal charge in New York State, it is possible to sue for libel or slander. Those are difficult cases, but you could sue if someone has made false reports that affect your reputation. Some of these reports are made by “mandated reporters.” Those could be school officials, doctors or social workers that are required by law to report any suspected child abuse.
If someone makes a false report to the police, it could be a criminal matter. In addition, giving false statements in court under oath is technically perjury. Those can be punishable by either the family court judge or in a separate civil matter.
In an egregious case, the judge can send a referral to the district attorney’s office. The DA could then prosecute the case, but such a scenario and outcome would be quite rare.
Family Court is a very specialized practice. Typically, neither parent’s lawyer sets foot in family court, even though there are essential rights at stake.
For instance, in a neglect or abuse case, your child could be removed from your home and placed in foster care. In a worst-case scenario, your parental rights could be terminated, your child could be placed for adoption, and you may permanently lose the right to contact or see your child.
Even in the best-case scenario, if the case is filed in court, there will likely be services put into effect, court proceedings, and even hearings or trials to get through. In these circumstances, an attorney who has experience in family court can often achieve a much better outcome for you than one who doesn’t.
I recently had a case where a mother was accused of using excessive corporal punishment against her children. Corporal punishment means inflicting physical punishment on a child, such as hitting. In New York State, a parent is allowed to use corporal punishment, but they can’t use excessive corporal punishment. Excessive corporal punishment typically involves using some kind of implement, like a stick or weapon, and leaving marks or bruises on the child.
In this case, the mother was accused of corporal punishment, and the child was taken to the emergency room. The father, an immigrant who worked 12 hours a day, claimed he didn’t know about the abuse. The child’s caseworker claimed that when she was in the hospital, she overheard him say that he approved of the punishment and supported the mother.
We had a hearing because the caseworker wanted to remove children from both parents. At the hearing, I argued there was a language barrier. The father spoke Spanish; the caseworker spoke only a little Spanish. She probably wouldn’t be able to understand what he was saying, and he may not have understood what she was saying.
Thanks to my arguments surrounding a clear language barrier, the children were returned to him. Eventually, the case was settled without any finding of abuse.
Still Have Questions? Ready To Get Started?
For more information on handling false allegations of child abuse in NY, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (347) 212-5945 today.
Attorney Jeffrey Johnson is a skilled lawyer based in Staten Island, NY, who has helped countless clients just like you navigate the intricacies of family law. With more than 30 years of experience, he is prepared to assist you in dealing with false allegations of child abuse so you can protect your parental rights and access to your children.
Still have questions? Ready to get started? Contact the Law Office Of Jeffrey W. Johnson today to schedule a free initial consultation.
