The New York Notice of Pending Child Protective Proceeding (Relatives And Suitable Persons) is a document used by New York State social services agencies to provide notice to the relatives and suitable persons of a child who has been the subject of a child protective proceeding. The document informs the potential custodians of the child's status and the proposed outcome of the proceeding. It also informs them of their rights and obligations for the case. There are two types of New York Notice of Pending Child Protective Proceeding (Relatives And Suitable Persons). The first is the Emergency Pending Placement Notice which is used in cases where an emergency placement of the child is necessary. This notice must be served within 24 hours of the emergency placement. The second is the Notice of Hearing which is used in cases where the child is not in immediate danger, but a hearing is necessary to make a decision about the child's future. This notice must be served at least seven days before the hearing. Both notices include information such as the child's name, date of birth, the date of the hearing, and the social services' agency responsible for the case.
New York Notice of Pending Child Protective Proceeding (Relatives And Suitable Persons)
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FAQ
What Is a Child-protective Proceeding? When it appears that a child less than eighteen (18) years of age has been abused or 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.
CPS does not have the right to do the following: Force their way into your home. To legally enter your home, CPS needs a court order or the belief that your child is in imminent danger.
CPS has 60 days after receiving the report to determine whether the report is "indicated" or "unfounded". The law requires CPS to provide written notice to the parents or other subjects of the report concerning the rights ed to them by the New York State Social Services Law.
However, if ACS/CPS determines that the report made is founded, you will receive a letter stating that the report is "indicated" against you. Simply put, this means that they believe there was some credible evidence present to suggest abuse or neglect towards children.
Indicated means that: CPS found enough evidence to support the claim that a child has been abused or neglected. You will receive a letter from CPS called a ?Notice of Indication,? telling you that the report was indicated.
The judge can make the decision immediately or "reserve" decision and decide at a later time, but within 60 days.
During the investigation, CPS will: Speak to all adults or caretakers living in the home. Give you a letter called a Notice of Existence, informing you that you have an open investigation of abuse or maltreatment. If you are not home, CPS will leave a Notice of Home Visit letter informing you of the visit.
Report and investigation - Someone reports neglect or abuse to Child Protective Services. Child Protective Services investigates the report. They have 60 days to complete their investigation.