CHILDREN PROTECTION
WHAT IS STATE CHILD PROTECTION?
State child protection agencies provide procedures and regulations for dealing with cases of child abuse or neglect. These agencies exist in every state in the United States. Any reports of abuse should be made to a state child protection agency. The agency will investigate the allegations and take the necessary steps to ensure the safety and welfare of the child.
Every state, including New York, has dedicated agencies to investigate reports of child abuse or neglect. While names vary, such as Child Protective Services (CPS), Department of Social Services (DSS), or Administration for Children's Services (ACS) in NYC, their function is to ensure child safety.
If you are involved in a CPS investigation, an experienced New York law firm can ensure your parental rights are protected while prioritizing the child's welfare.
WHAT IS THE HISTORY OF CHILD PROTECTIVE SERVICES (CPS)?
Before the 20th century, child services agency functions were largely undertaken in the United States by local or charitable organizations. A Federal Children's Bureau was formed in 1912 to deal with child abuse cases. Concern regarding child abuse or neglect issues rose and by the 1960s, 49 states had enacted child abuse reporting laws.
The Child Abuse and Prevention Treatment Act of 1974 was passed and required abuse reporting. In response to this Act being passed, states began forming modern Child Protective Services (CPS) agencies.
WHAT IS A CHILD PROTECTION ORDER, AND WHAT IS INCLUDED IN IT?
A child protection order is a type of court order that is issued by a judge for the purposes of shielding a child from acts of child abuse or from exposure to domestic violence. It is most commonly used in situations where the child needs protection from an abusive parent or their siblings.
Each state has enacted its own separate laws for child protection orders. The varying state statutes will typically contain instructions on how to obtain a child protection order and what is included in the terms of a protection order. Oftentimes, the order will be based on the facts of a case.
A child protection order can be life-changing and, depending on the severity of the case, can include:
- Visitation Restrictions: Limiting how or when an abusive party sees the child.
- No-Contact Orders: Prohibiting all forms of communication, including phone calls, emails, and social media.
- Stay-Away Mandates: Requiring the individual to maintain a specific distance from the child's home or school.
Depending on the state where the no-contact order is granted, these orders may be similar to your average restraining order, or the state may recognize it as a separate order. In cases where a state differentiates between the two orders, a no-contact order will carry criminal penalties if violated.
HOW LONG DO CHILD PROTECTION ORDERS LAST?
There are three main factors that will determine how long a child protection order will last. These include the terms of the order, the length of time listed in its conditions, and what the state statute provides as standard expiration dates. Thus, child protection orders will vary according to state law and will depend on the facts of a case.
In many jurisdictions, initial orders may last 90 days, while final orders can span one to five years.
Once an order is issued, the child protection order will then be enforced by the court until more evidence has been collected for the case. For instance, if there is evidence that the child is still being abused, the court will not lift the order. Instead, the court may place a permanent restraining order on the abusive party, which can have an infinite duration.
In emergencies, a judge may issue an ex parte (emergency) order immediately without the other party present to ensure immediate safety. They are most often granted when there is an immediate need for relief or protection.
HOW DO I FILE A CHILD PROTECTION ORDER?
The process for obtaining a restraining order against the father or mother of a child will primarily depend on the laws of a particular state since each one has their own set of requirements.
Generally speaking, however, a party seeking a child protection or restraining order will usually need to prove a valid reason for obtaining one. In some states, this may require the party to report an incident of abuse to law enforcement or child protection services. Next, the petitioner will have to fill out a form petitioning an order. These forms vary by state and also by the type of order the party is seeking.
Once the form is completed, the party must file it in the appropriate court where a judge will review the request. From there, the judge will either grant or deny the request. If it is denied, the party will have a certain amount of time to request a hearing based on the denial. If it is granted, the order will be issued and a hearing will be scheduled usually within 30 days.
At the hearing, both parties will have a chance to argue their side of the matter. The judge will consider their arguments and decide whether to lift the order or issue a final protective order, which will last for a certain amount of time.
WHAT ARE THE LEGAL CONSEQUENCES FOR VIOLATING A CHILD PROTECTION ORDER?
The legal consequences for violating a child protection order will depend on the type of order it is, as well as the laws of the state in which it is issued. Violating a child protection order is a very serious matter that can result in both civil and criminal penalties.
If the child protection order carries criminal consequences, then the defendant can be charged with either a felony, misdemeanor, or as being in contempt of a court order. Regardless of which one the defendant is charged with, a conviction for any of the three can lead to a term of imprisonment and heavy fines.
In addition, a person who has a child protection order issued against them may not even have to violate the order to experience legal consequences. For instance, federal law dictates that those who are subject to a child protection order will be prohibited from owning a firearm. Other penalties a person under a child protection order may face is loss of certain parental rights, including the right to custody and/or visitation.
WHAT TYPES OF ABUSE SHOULD BE REPORTED?
State laws require certain "mandated reporters," such as teachers, doctors, and law enforcement, to report suspected harm. However, any individual can report abuse to child protective agencies. Common categories include:
- Physical & Emotional Abuse: Non-accidental injury or damaging psychological tactics.
- Sexual abuse: Enticing or coercing a child into sexual activity.
- Neglect: Failure to provide basic needs like food, shelter, or medical care.
- Abandonment: Occurs when a child is left alone, and the parent's whereabouts are unknown.
- Substance Abuse: Exposure to illegal drug manufacturing or prenatal substance exposure.
A CPS lawyer can assist with reporting any child abuse or neglect issues. A lawyer will be familiar with the reporting process and interacting with CPS.
WHAT ARE SOME LEGAL CONSEQUENCES OF FALSE ACCUSATIONS OF CHILD ABUSE?
False allegations of child abuse are devastating. They often arise during high-conflict custody battles and can cause lasting psychological harm to the child. Common types of false accusations include false accusations of spousal abuse and false accusations of child abuse.
Making false claims under oath is perjury, a criminal offense that can lead to heavy fines and imprisonment. If you are facing wrongful accusations, you need a child welfare lawyer to clear your name and protect your relationship with your children.
DO I NEED AN ATTORNEY EXPERIENCED WITH STATE CHILD PROTECTION ISSUES?
It is extremely important to hire an experienced family lawyer for any state child protection issues. If you are experiencing issues regarding a report of child abuse or neglect, the first step you take should be to hire an attorney.
An attorney will advise you of your rights, assist you in having your child returned to your custody, if possible, and represent you during any court proceedings, if necessary.
Call our office today at (833) 388-7044 or complete the convenient online contact form to set up a consultation.