New York Order For Diligent Search And Investigation
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FAQ
CPS must determine, within 60 days, whether a report is indicated or unfounded. CPS must refer suspected cases of falsely reporting child abuse and maltreatment, in violation of Penal Law § 240.50(4), to the appropriate law enforcement agency or district attorney.
If CPS determines that there may be abuse or neglect, a report will be registered, and then CPS will begin an investigation.After this, the police may conduct their own investigation (the investigation will usually occur within 24 hours of a report).
How Long Does the Investigation Take. In most instances, Child Protective Services has approximately 45 days to investigate reports of neglect, dependency and abuse. If the investigation takes longer than 45 days the agency must promptly notify the family about the extension.
How to Find Out if There Is a CPS Case Against You.Another way you may find out you are being investigated by CPS is if CPS comes to your door, unannounced. If you are not home, they will leave a business card and they will ask you to please return their call. They won't tell you why they want to talk to you.
Has anyone touched you inappropriately? Does (this person) make you uncomfortable? Can you tell me what happened? When did it happen? Where did it happen?
If the Judge or jury decides that the claims are unsubstantiated, your child will be returned to you (assuming they'd been removed by CPS), your name will be removed from the Central Registry, and the petition against you will be dismissed.
The CPS worker might want to speak to your child. She might want to have a look at your child's bedroom, toys, homework and would look for sanitary procedures and whether food is available readily for your child. There are certain things which one should keep in mind to have the CPS report in your favor.
