CPS Investigations and Indicated Reports – FAQs

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:

• Inadequate supervision
• Excessive discipline
• Substance abuse in the home
• Domestic violence
• Poor living conditions
• Educational neglect
• Medical neglect

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.

Initial contact is made by CPS caseworkers by visiting 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.

When someone reports suspected child abuse or neglect to the New York State Central Register (SCR), CPS investigates. The investigation must be completed within 60 days. If CPS determines there is “some credible evidence” supporting the allegations, the report is marked as “indicated.” Otherwise, it’s “unfounded” and sealed.

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

• 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).

For more information, please see our blog post titled What Are the Consequences of an “Indicated” CPS Report in New York?

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 quickly. You have 90 days from the date you receive the indication notice to request a review. There are generally two stages to the appeal:

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.

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:

• Present evidence and testimony.
• Cross-examine CPS witnesses.
• Argue that the evidence does not meet the legal standard

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

For more details on CPS investigations, please visit our Child Protective page or contact us today for a confidential consultation to discuss your case.