Defending Against Accusations of Child Abuse
We know how difficult it can be for parents who have been accused of child abuse and neglect. Our previous employment as prosecutors for the Administration for Children's Services (ACS) gives us the experience and knowledge to ensure that your case will be handled properly. We have handled over a thousand abuse and neglect matters as both prosecutors and as defense counsel, thus our clients can rest assured that they are in good hands.
Child Abuse and Neglect
If you have been reported for child abuse or neglect, the experience can be daunting. The Administration for Children's Services is required by law to investigate child abuse allegations. The initial investigation will be conducted by caseworkers and if it is determined that the allegations are true, a case may be filed against you in family court. It is crucial to hire an experienced attorney once a case has been initiated to make sure that your rights are protected.
- Types of child abuse: There are many reasons that the Administration for Children's Services may file a case against you. Often cases are filed against a parent for drug or alcohol abuse, excessive corporeal punishment, domestic violence, educational neglect, inadequate guardianship, or for many other reasons. Whether these allegations are true will not be initially determined by the court. What will be determined is whether the child will remain in your custody while the case is pending.
- Removal of children: If your child has been removed from your care by the Administration for Children's Services or by court order, you are entitled to a hearing within three days of the removal. Whether you should exercise your right to this hearing is a decision that should not be made without the guidance of an experienced attorney. A child can only be placed in foster care if it is determined that there is imminent risk to the child. The law requires that the child be placed with a family member or friend before being placed in non-kinship care.
- Trial and disposition: Once the issue of the child's living arrangements has been determined, the case will be scheduled for a trial and disposition. At the trial, the Administration for Children's Services must prove by a preponderance of the evidence that acts of child abuse or neglect have been committed. If the case is not proven, it will be dismissed. Cases are often settled prior to trial and as such, it is imperative that you retain an attorney with knowledge of the process. If the Administration for Children's services proves their case, the matter will proceed to a disposition and the court will decide what is in the child's best interests.
We understand that charges of abuse and neglect are often not true. We strive to ease the emotional pain and stress of our clients charged with abuse or neglect, and work diligently to bring the matter to a successful conclusion in a timely manner. Our lawyers work out of our Brooklyn, New York, office representing parents and other family members against accusations of child abuse or neglect.
