Child Abuse & Neglect

The report. Most cases begin with a report to the Statewide Central Register of Child Abuse and Maltreatment (SCR), often called "the hotline." Reports are often made by mandated reporters, such as teachers, doctors, nurses, and social workers, and sometimes by relatives, neighbors, or former partners, including during custody disputes.

The investigation. The report goes to the local child protective agency: the Administration for Children's Services (ACS) (opens in a new tab) in New York City, or the county's Child Protective Services (CPS) in Nassau and Suffolk. A caseworker will usually visit the home and may interview the parents, the children, and others such as teachers, doctors, and relatives. In NYC, some lower-risk reports are handled through a less formal track called CARES (opens in a new tab).

The determination. Generally within 60 days, the report is either:

• unfounded, meaning the evidence did not support the allegations, and the report is sealed; or
• indicated, meaning the agency found the allegations supported by a fair preponderance of the evidence (opens in a new tab).

(Learn more: NYS Office of Children and Family Services: Child Protective Services (opens in a new tab))

If the agency believes a child is abused or neglected, it may file a petition in Family Court under Article 10 of the Family Court Act (opens in a new tab).

• Neglect generally means a parent failed to exercise a minimum degree of care, for example in providing food, shelter, education, medical care, or supervision, or through excessive corporal punishment or substance misuse, and the child was harmed or placed in imminent danger of harm (FCA § 1012 (opens in a new tab)).
• Abuse involves more serious conduct, such as inflicting or allowing serious physical injury, or sexual abuse.

Removal of children. In an emergency, the agency may remove a child before going to court. Parents can ask the court for the child's prompt return (FCA § 1028 (opens in a new tab)), and the court must hold a hearing quickly. These early hearings are critical.

Right to counsel. Parents have the right to an attorney in Article 10 cases, and assigned counsel is available to those who qualify. The children have their own attorney.

Fact-finding. If the case isn't resolved, the court holds a hearing to decide whether abuse or neglect was proven.

Disposition. If a finding is made, possible outcomes include:

• an adjournment in contemplation of dismissal, leading to dismissal if conditions are met;
• a suspended judgment, with conditions the parent must follow;
• the child's release to the parent with court supervision and services;
• placement of the child with a relative or in foster care; and
• an order of protection.

Many cases are resolved through services, such as parenting classes, counseling, or treatment, and families are reunited. In the most serious cases, prolonged placement can eventually lead to proceedings to terminate parental rights.

The same allegations can also lead to criminal charges, such as endangering the welfare of a child or assault, and can affect custody and visitation. Statements made in one case can be used in another, so a coordinated strategy is essential. (Learn more: When Someone Gets Arrested | Child Custody & Visitation)