What To Do If You Are Being Investigated By CPS

Are You Under CPS Investigation in New York State? Here's What You Need to Know

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.

As an 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.

1. Treat the CPS Investigation as Serious—Because It Is

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.

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

2. Know Why CPS in Syracuse Is Investigating

Reports to CPS may come from:

• School staff, counselors, or daycare providers

• Medical professionals

• Ex-partners or family members

• Anonymous calls to the Statewide Central Register

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

3. 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:

• Communicate directly with CPS

• Attend interviews or home visits

• Prevent you from making damaging statements

• Represent you if the case goes to Family Court

4. Be Cooperative, but Protect Your Rights

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

• 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.

  
  

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

5. Keep Records of Everything

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

• 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)

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

6. Understand the CPS Process and Timeline in Syracuse

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

• Unfounded, meaning closed with no action

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

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.

7. Prepare for Possible Family Court in Onondaga County

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:

• 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

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

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:

• Understand the process

• Push back against false or misleading allegations

• Avoid unnecessary court involvement

• Protect your relationship with your children

Contact a Syracuse Family Law Attorney Today

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

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.