What CPS Can and Cannot Do on Long Island, New York

Knock, knock. 

Someone is at the door and to your surprise, it’s an agent from Child Protective Services (CPS). In moments like this, understanding what CPS can and cannot do in New York is critical. They may claim that someone has reported the abuse or neglect of your child and that they’re there to conduct an investigation. The agent asks you to let them into your home; the investigation starts now and they’re allowed to look at anything they want in the best interests of the child.

You should know that CPS typically has an agenda when investigating allegations of abuse. Instead of evaluating all available facts, agents are looking for evidence that supports the allegations of the person who initially reported to the agency.

If CPS has contacted you or shown up at your door, you don’t have to face the process alone. You have the right to ask questions, choose how to respond, and protect your family’s well-being. Reach out to our child abuse and neglect defense attorney in New York who can provide advice and help create a safe plan for your situation. 

Understand What CPS Is and How CPS Investigations Work on Long Island, NY

Child Protective Services (CPS) is a state agency responsible for investigating reports of child abuse or neglect and ensuring children are in a safe environment. Their role is to protect a child’s well-being while also working with parents or guardians to provide support, create a safety plan if needed, and review whether intervention is necessary.

When a report is made, CPS may begin a child protection investigation that includes reviewing the circumstances, interviewing family members, and sometimes speaking with schools or medical providers. However, this does not mean the report is true. Many investigations are later found to be unfounded. Throughout the process, CPS is still required to respect your rights as a parent. For example, they cannot enter your home or interview your child alone without either your consent or authorization from the family court.

It’s important to know how CPS operates and what steps may happen during an investigation so you can respond responsibly and protect your family.

What Child Protective Services Can Do on Long Island, NY:

Visit Your Home 

CPS has the right to come to your home and request a conversation with you. However, this can and should take place outside; you should never allow a CPS agent into your home unless ordered by a judge to do so.

Interview and Examine Your Child 

CPS can request to interview and physically examine your child for signs of abuse and/or neglect directly related to the allegation against you. For example, if you are accused of physically abusing your child in anger, it would not be unreasonable for CPS to request a sexual abuse examination.

Interview and Examine Other Children in the Home 

CPS can also interview and examine any other children living with you in the home, again, in a manner that is specifically related to the activity for which you are being accused.

What Child Protective Services Cannot Do on Long Island, NY: 

Conduct an Investigation Without Specific Allegations 

You have a right to be informed of the allegations made against you. Remember that “child abuse” and “neglect” are broad categories and not specific accusations. The agent must inform you of what exactly you are under investigation for.

CPS cannot legally investigate you if the allegations sounds like this:

“We received a call from your child’s teacher that they are being neglected.” 

This leaves the definition of neglect in this case open to the CPS agent’s personal interpretation.

Instead, the accusations must be specific:

“We received a report from your child that there is not enough food in the home and that they go for extended periods without eating while in your care.” 

Enter Your Home 

A CPS investigator cannot enter your home without a court order or your permission unless there is an immediate threat to your child. As a parent, it’s essential to understand your rights—allowing them inside without a warrant can lead to misinterpretation of what they see, like a cluttered space being exaggerated as neglect. To avoid complications, speak to CPS agents outside and avoid granting entry unless legally required.

Interview Children Alone

While CPS does have the right to interview your child, ask questions about the allegations, and examine your child for signs of abuse, they cannot do so while they are alone with the child. You have the right to request that you or your representative be present in the room at the time your child is being questioned by the agent.

Decline the Recording of a Child Interview 

You have the right to record on audio or video the agent’s interview with your child. Sometimes, CPS will bring a camera or audio device and initiate recording on their own. If they don’t, you should take the initiative to conduct an audio or video recording yourself. The agent cannot decline to be recorded if they wish to continue with the interview of your child.

When to Contact an Experienced Long Island Family Lawyer

If you’ve received any communication from Child Protective Services, consulting with an experienced Long Island family attorney is essential. At Hornberger Verbitsky, P.C., we can help you understand how to protect your child during a CPS investigation and navigate the legal challenges to safeguard your family. Call now for a consultation at 631-923-1910.