If Child Protective Services (CPS) has contacted you, you’re likely feeling overwhelmed, anxious, and unsure of what happens next. Whether it’s a knock on your door or a letter in the mail, a CPS investigation is serious, and how you respond can have a lasting impact on your family.​ As an experienced Syracuse family law attorney, I represent parents, caregivers, and relatives involved in CPS matters throughout Central New York. My role is to protect your rights, explain the process clearly, and work toward the best possible outcome for your family. Contact us today to schedule a free confidential consultation to discuss your case.

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When Does CPS Gets Involved?​

​​Child Protective Services (CPS) investigations in New York occur when there’s a report of suspected child abuse or neglect. They begin after a report to the New York State Central Register (SCR) alleging abuse or neglect. Reports can come from mandated reporters (e.g., teachers, doctors) or anyone else.​ Common allegations include:

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• Inadequate supervision

• Excessive discipline

• Substance abuse in the home

• Domestic violence

• Poor living conditions

• Educational neglect

• Medical neglect

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Even if you believe the report is false or exaggerated, CPS is required to investigate. CPS investigations can be stressful and may intersect with custody disputes or divorce proceedings. False or exaggerated reports sometimes arise in contentious family situations, making legal representation crucial to counter such claims.

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What Happens During a CPS Investigation?

​Initial contact is made by CPS caseworkers by visit your home (announced or unannounced) to assess the child’s safety, review living conditions, and conduct interviews. Caseworkers will generally speak with the child (often privately, at home or school), parents, and relevant individuals (e.g., teachers, relatives). They may request medical records, school reports, or other documents. CPS then evaluates whether the child is at immediate risk. If so, they may implement a safety plan (e.g., temporary supervision by a relative) or, in severe cases, petition to remove the child. 

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The investigation typically lasts 60 days, after which CPS will determine whether the report is "indicated" (evidence of neglect or abuse) or "unfounded" (no credible evidence).

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What Are the Possible Outcomes?

A CPS investigation can result in several possible outcomes, depending on the findings and circumstances of the case. These include:​

 

• Unfounded (Unsubstantiated) Report: If CPS determines there is insufficient evidence to support allegations of abuse or neglect, the report is deemed "unfounded." The case is closed, and no further action is taken. Unfounded reports are sealed and generally not accessible to the public, though they may remain in the State Central Register (SCR) for a specified period.

• Indicated (Substantiated) Report: If CPS finds credible evidence of abuse or neglect, the report is "indicated." This may lead to CPS providing or requiring the family to participate in services such as parenting classes, counseling, or substance abuse treatment to address the issues identified. In more serious cases, CPS may file a petition in Family Court, potentially leading to the family being placed under CPS supervision, the temporarily removal and placement of the child in foster care or with a relative, or, in extreme cases, CPS may pursue termination of parental rights, leading to adoption proceedings. For more see our blog post titled Termination of Parental Rights in New York State

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What Are the Consequences of an "Indicated" CPS Report?

While an indicated report isn't a criminal conviction, it can:

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• Show up in background checks.

• Bar you from certain jobs or licenses in areas involving children or vulnerable adults.

• Be used against you in family court proceedings.

• Remain on your record for years (up to 10 years after the youngest child turns 18 for maltreatment, or 28 years for abuse).

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Can I Appeal an "Indicated" CPS Report?

Under New York State Law, individuals named as subjects of indicated reports have the right to challenge the finding through an administrative process. But you must act quicky. You have 90 days from the date you receive the indication notice to request a review. There are generally two stages to the appeal:

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1. Request an Administrative Review

You can first request that the Office of Children and Family Services (OCFS) review the report. OCFS will examine whether there is sufficient evidence to support the indication. If they find the report lacks credible evidence, they will amend it to “unfounded” and seal it.​

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2. Request a Fair Hearing

If the report remains indicated after administrative review, you can request a fair hearing before an administrative law judge. At the hearing, you (or your attorney) can:

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• Present evidence and testimony.

• Cross-examine CPS witnesses.

• Argue that the evidence does not meet the legal standard

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The goal is to review whether the evidence meets a higher standard, a "fair preponderance of the evidence", and determine if the report should be amended or sealed. If successful, the hearing officer can order the report amended to “unfounded” and sealed from disclosure.

 

For more information, please see our blog post titled Appealing CPS Indicated Reports in New York State

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What To Do If CPS Contacts You​​

Getting a call or visit from Child Protective Services (CPS) can be incredibly stressful, especially when the allegations are false, exaggerated, or based on a misunderstanding. A CPS investigation can quickly escalate, and without proper guidance, your parental rights may be at risk.

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As experienced Syracuse family law attorney I helped many parents through CPS investigations. If CPS has contacted you, here’s what you need to do to protect yourself and your family.

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Treat the CPS Investigation as Serious​

CPS is legally required to investigate any report of suspected abuse or neglect. Even if the complaint is completely unfounded, CPS can remove your children from your home if they believe there is an imminent risk.

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Don’t assume the truth will speak for itself. Act quickly and cautiously.

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Know Why CPS Is Investigating​

Reports to CPS may come from:

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• School staff, counselors, or daycare providers

• Medical professionals

• Ex-partners or family members

• Anonymous calls to the Statewide Central Register

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Once a report is made, CPS must investigate. They may attempt a home visit, interviews, and request access to your children.

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Contact a Syracuse Family Law Attorney Right Away​​

You do not have to face CPS alone. In fact, consulting an attorney could be the most important step you take. Your lawyer can:

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• Communicate directly with CPS

• Attend interviews or home visits

• Prevent you from making damaging statements

• Represent you if the case goes to Family Court

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Be Cooperative, but Protect Your Rights​​

Many parents don’t realize they have rights during a CPS investigation. For example:

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• You do not have to let CPS into your home without a warrant unless there is an emergency.

• You do not have to agree to drug testing or psychological evaluations on the spot.

• You do not have to speak without your lawyer present.

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Let your attorney guide your response so you can cooperate without incriminating yourself.

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Keep Records of Everything​

In a CPS case, documentation is critical. You should keep track of:

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• All visits and phone calls from CPS

• The names of CPS caseworkers involved

• Any accusations made or documents given to you

• Evidence that contradicts the claims (texts, emails, witness accounts)

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This is especially important if your case is “indicated” and you need to appeal the findings.

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Understand the CPS Process and Timeline​​

A CPS investigation typically lasts up to 60 days. After that, your case will either be:

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• Unfounded, meaning closed with no action

• Indicated, meaning CPS found some credible evidence of abuse or neglect

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If your case is indicated, you have the right to challenge it through an administrative review or fair hearing, but time is limited, so act quickly.

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Prepare for Possible Charges​​​

Sometimes CPS will file an abuse or neglect petition in Family Court, especially if they feel the child is at continued risk. If this happens:

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• You’ll be assigned a lawyer if you can’t afford one

• The court may issue a temporary order of protection

• The judge may limit or supervise visitation or order parenting classes

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These court proceedings can have a major impact on custody, so don’t go into them unprepared.

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Protect Your Parental Rights​​

If CPS has reached out to you don’t wait until things escalate. An experienced Syracuse area family law attorney can help you:

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• Understand the process

• Push back against false or misleading allegations

• Avoid unnecessary court involvement

• Protect your relationship with your children

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If you are facing a CPS investigation in Central New York, contact us today for a consultation to protect your rights.

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Contact a Syracuse Family Law Attorney Today​​​​

If you’re under investigation by CPS or have received notice of an indicated report, time is of the essence. Contact us today for a free confidential consultation with an experienced Syracuse family law attorney and discuss your options.

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For more information please see our blog post regarding What To Do If You Are Being Investigated By CPS. 

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.

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