PART 1 OF A 2-PART SERIES ON ACS AND FAMILY COURT
INVESTIGATIONS OF ABUSE AND NEGLECT:
HOW THEY WORK
(Article published in HWW May 2008)
by Tamara Giwa, Brooklyn Family Defense Project
In New York City, nearly 20,000 children are in foster care. Most of these children have been placed there as a result of an investigation following a telephone call to the state reporting child abuse or neglect. This article will explain what happens once a formal report of child abuse or neglect is made, and will provide tips on what to do if you are the subject of one of these investigations.
The Administration for Children’s Services (ACS) is the government agency responsible for investigating these reports. ACS decides whether to place children in foster care and also supervises foster care, adoption, and preventive services.
Under New York State law, a child is considered to be abused or neglected if a parent or another person who is legally responsible for the child’s care harms the child, puts the child in a position where he or she is likely to be harmed, or fails to protect the child. Persons legally responsible could include guardians, boyfriends and girlfriends, family members, or any other adult who takes care of the child.
Many people think that you have to physically or sexually abuse your children in order for ACS to become involved in your family’s life. In fact, one of the following is more likely to be the basis for such involvement:
•drug or alcohol abuse,
•a dirty or unsafe home,
•failing to get medical care for a sick child,
•domestic violence,
•excessive school absences, or
•leaving children unsupervised.
You may not believe that these circumstances mean you are neglecting your children. What you should remember is that some things that are acceptable or even considered good parenting in some cultures may be considered abuse or neglect by ACS.
A report of child abuse or neglect is made by calling the State Central Register of Child Abuse and Maltreatment (SCR). Once a report is made, the law requires ACS to investigate. Anyone can call the State Central Register (SCR) and sometimes these calls are a mistake or based on wrong information. ACS is still required to investigate the family. While some reports are made by friends or family members, others are made by “mandated reporters.” Mandated reporters are people who are required by law to make a report if they suspect child abuse or neglect. They do not need any proof and are trained to call the SCR even when they have doubts. Mandated reporters include doctors, dentists, nurses, teachers, child-care workers, social workers, counselors, psychologists, therapists, and police officers.
If the SCR decides that the facts reported, if true, would amount to abuse or neglect, the report is sent to ACS to investigate. If you are the subject of a report, you should receive a letter telling you that you are being investigated. An ACS caseworker will be assigned to investigate and will usually begin that investigation by trying to visit your home. If you do not speak English, you have the right to an interpreter during the ACS investigation.
During the home visit, the ACS caseworker might meet individually with each member of your household, including your children. Your children might be spoken to privately in a separate room. The caseworker might also check your cupboards and refrigerator to see if there is enough food, look for any dangerous conditions in your home, ask for your children’s immunization records, undress your children to look for bruises or marks, and look for signs that somebody in your home uses alcohol or drugs. In addition to visiting your home, the caseworker might talk to other people who know your children, obtain your children’s school attendance records, ask you to take a drug test, or arrange for medical examinations of your children.
Even if the caseworker finds something wrong, they are supposed to make reasonable efforts to help you fix the problem. One way to do this is to provide you with preventive services. It is not too late to prevent the removal of your children. Except in an emergency (if, for example, you are arrested and there is nobody available to care for your children, or your children appear in immediate danger), ACS is required to give you services before they remove your children. Preventive services can include drug and alcohol treatment, help with housing, counseling and therapy, child care vouchers, domestic violence services, emergency cash or goods, parenting skills classes, homemaking services, and more.
You should know that if you and your family receive preventive services they will be from an ACS-contracted agency. This means that ACS will know about your family, whether you are following through with services, and will make decisions about the safety of your children based on this. If you do not have an ACS case you can still get preventive services from a preventive services agency. Remember that most social services agencies are mandated reporters, which means that they are required to call ACS if they suspect that your children are being neglected or abused.
If you learn that ACS is investigating your family, it might be useful to contact a lawyer for advice as soon as possible. If a caseworker comes to your home, ask to see their identification. Write down their name and telephone number. You have a legal right to refuse the ACS caseworker entry into your home unless there is a court order saying that ACS can enter your home.
ACS can still file a neglect or abuse case against you in Family Court without visiting your home. ACS could also ask a judge for a warrant for you to come to court. If ACS believes that your child’s life is in danger, they can come to your home with the police, who can enter without your permission. Every situation is different, but by thinking about these issues in advance you will be better prepared to make the choice that is right for you and your family.
During the investigation, ACS may invite you to attend an “ACS Family Team Conference.” This conference is voluntary and you should think carefully about your participation in the conference. ACS will want to discuss the allegations with you and you may not want to do this. If you have a related criminal case, contact your criminal court lawyer immediately. One of the purposes of these conferences is to create a plan of services to address your family’s problems. You can bring anyone to these meetings except a lawyer. If you decide not to attend, remember that ACS might see you as being uncooperative and unwilling to engage in services. If you decide to attend, you should bring people to support you, ask a lawyer for advice, think about the types of services you want or do not want and read the service plan carefully before you sign it. You have the right to step out of the conference at any point if you are feeling overwhelmed or would like to speak with someone privately. You also have the right to an interpreter and to have your service plan translated into your primary language.
ACS has 60 days to complete its investigation after receiving a report of neglect or abuse. During this time they may decide to remove your children, file a court case, offer your family preventive services, or just let your children remain in your home during the investigation. Within these 60 days you should receive a letter telling you whether your case is “indicated” or “unfounded.” "Indicated" means that ACS found some believable evidence of abuse or neglect. The results of this investigation will then go in the State Central Register and remain on file until your youngest child turns 28. If your case is unfounded, ACS did not find any believable evidence of abuse or neglect. An indicated case does not necessarily mean that your case will go to Family Court. However, if you apply for a job in law enforcement, child care, education, or social services, or you apply to be a foster parent, the prospective employer would be notified of an indicated report and this would affect your chance of getting the job. You have the right to request a fair hearing to challenge what is in your record and who can see it. If you want to challenge this record you should do so as soon as you are notified of an "indicated" report.
An ACS investigation can be a big intrusion into your life and you may feel that the charges against you are unfair. However, ACS may also be able to provide your family with a number of useful services. Ultimately, nobody knows your family better than you do and you should think about what kind of assistance, if any, you need. By maintaining an active role in the process you can improve the chances of reaching a favorable outcome for you and your children.
Two organizations you should know about:
Child Welfare Organizing Project
East Harlem Neighborhood Center
80 E. 110th Street, #1E
New York, NY 10029
Ph: (212) 348-3000
Contact Mike Arsham at mike@cwop.org
In their own words: “Through organized client involvement and collective advocacy both inside and independent of the system, the Child Welfare Organizing Project will change/transform the quality of services provided to New York City families through the New York City child welfare system.”
Brooklyn Young Mothers’ Collective
339 Douglass Street
Brooklyn, NY 11217
Ph: (718) 596-7074
Contact Benita at benita@bymcinc.org
In their own words: “The mission of the Brooklyn Young Mothers’ Collective is to break the cycle of generational poverty among pregnant and parenting low-income mothers by helping them actively engage in improving the conditions that impact their lives.”
