Neglect & Child Protective Proceedings
Neglect & Child Protective Proceedings
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What Is a Child-Protective Proceeding?
When it appears that a child less than eighteen (18) years old has been abused, neglected, or is in danger of being abused or neglected, a petition may be filed by a child-protective agency asking the family court to assist in protecting the child. The court then holds hearings to decide if the allegations are true and if so, what action the court should take to protect the child.
Do the Parents Need Lawyers to Represent Them?
The parents or guardians against whom the petition is filed, called the "respondents," should hire attorneys to represent them in court. Each respondent must have a separate attorney. An attorney is also assigned to represent the child. This attorney is called the "Attorney for Child."
Beth Rosenthal has 25+ years of experience in working with adults and children, so call today to see how she can help with your specific matter!
Protect Your Parental Rights in Child Abuse and Neglect Proceedings
There are few events more distressing to parents than having their children removed from their home by strangers when there are claims of child abuse or child neglect; although, this can happen when child protection workers come knocking at your door. Your parental rights are at risk because someone has accused you of child neglect or abuse. Beth A. Rosenthal, P.C. represents parents in child neglect and child abuse proceedings initiated by Child Protective Services throughout the Long Island, NY, area, including Nassau and Suffolk Counties.
Who Has Accused Me of Neglect or Child Abuse?
Anyone — a teacher, a neighbor, a “friend,” a police officer, or even a therapist — can accuse you of child neglect or child abuse. If child protection workers believe the accusation is credible, the charges will be investigated within 24 hours. Child Protective Services (CPS) will be there, and they’re going to have a lot of questions.
What Should I Do If I Get a Call From CPS?
If possible, you should consult with an experienced attorney right away. Be aware that anything you say to the child protection workers can be used against you. If the children are at imminent risk, CPS workers have the right to come to your home and temporarily remove your children. If you refuse, they can come back with the police to remove the children. If your children are removed against your consent, you will need to demand what is known as a Section 1028 Hearing to have your children returned. Hearsay evidence is allowed at this hearing, i.e., a case worker can testify about what another person said about you.
To protect your parental rights, you should call a lawyer as soon as possible. Set up a free consultation right away to discuss the facts of your child abuse or neglect case with attorney Beth Rosenthal. Call us or fill out our contact form today.
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Beth A. Rosenthal, P.C.
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