I have an indicated CPS report what do I do now ?!?!?! part 2

The first thing you need to do is get a copy of your records.  To do so write a letter to SCR and ask them if they have any records about you.  This letter should also include a request that SCR seal or expunge the records, and request a hearing  if OCFS denies that request.  

You will also need to get  copy of the ACS case file as it pertains to you.  I have found that one letter is sufficient to get what you want.  It is also suggested that the letters are sent return receipt so that you create a paper trail.  

Further, at this time it is also a good idea to get any medical records that pertain to you, the person indicated in the CPS report, that pertain to any treatment for dug, or alcohol abuse or mental health treatment that you are currently undergoing.  It might take some time to get these so the sooner the better.  They may be pertinent at your hearing.  

OCFS SAYS YOUR REQUEST IS TOO LATE.

A person looking to clear their names must begin the process within ninety(90) days of receiving the letter stating that their names are in the SCR.

There are many reason why you might be late.  Perhaps the letter came after the 90 days had expired, or perhaps you never got the letter in the first place.  

If you receive a letter from the SCR telling you that your request is too late you must write to OCFS and explain those facts.  

YOU RECEIVED YOUR RECORDS

    AGAIN YOU SHOULD CONTACT AN ATTORNEY IF YOU HAVEN'T ALREADY!

    The most important takeaway from this is not just that you have your records but also you now have a case ID number.  That number is your case identifier, all correspondence from that point forward must include that case id number.  

    THE LETTER SAYS THE REPORT IS UNFOUNDED

    Congratulations, make copies, you have an official letter pending a review saying that there are no indicated reports against you.  

    THE LETTER SAYS THERE IS AN INDICATED OR SUBSTANTIATED REPORT     AGAINST YOU

   You really should get a lawyer if you plan on pursuing this further. 

   As previously stated, your name is now on the SCR until the youngest child on the report turns 28.  The information is viewable by prosecutors, Judges, law enforcement agencies, and child welfare agencies.  

I have an indicated CPS report what do I do now?!?!?!

CPS exists in a very singular and terrifying place among almost all parents.  They are a proverbial boogeyman who exists solely to remove children from safe, loving homes based on whims.  At least that's the feeling, however, that isn't quite true.  

CPS in the most positive light exists to protect children from abuse in all it's various forms, It is certainly a noble idea, however, like most large scale operations sometimes errors get made.  

We can fast forward a bit, and for this hypothetical CPS has been called and they are investigating an incident. 

THEY HAVE 60 DAYS TO COMPLETE THE INVESTIGATION OF THE REPORT

 During those 60 days they will ideally conduct several interviews, with any person who has contact with the child that they deem appropriate.   At the end of that investigation there will be a report with three possible outcomes

1.  indicated-there is some believable evidence that what was alleged happened actually happened.

2.  substantiated-Some believable evidence that what was alleged to have happened happened.

3.  unfounded-not enough evidence that the report was true.

If a report comes back either indicated or substantiated they are kept with the New York State Central Register(SCR)until the youngest child in the report is 28 years old.  Once the child reaches 28 they are expunged or erased from SCR records.  

    This record has significant ramifications for a person moving forward, including:  impact on ability to get a job in child care, to volunteer to work with children, to become a foster parent, or to adopt a child.  Further, the police, district attorneys, child welfare agencies and judges will have access to this information.  For instance if there is  child custody dispute, the judge hearing the case will have access to that indicated report.  

    If a report is unfounded it is sealed, but what does that mean exactly?

    It will still be kept at the SCR.  It is available to police or to the Administration of Children's Services(ACS) or other child protective services.  It is not available to employers, licensing agencies that deal with the care of children.  An unfounded report will be expunged(erased) 10 years after it was made.  

Thank you for reading, and I cannot stress this enough if you are in this situation please hire an attorney.  

My next post will deal with the actual mechanics of appealing a substantiated or indicated CPS report.