Who makes the decision to return the children back to their parents in a child abuse/neglect case?

Seal of New York. (Photo credit: Wikipedia)

Who makes the decision to return the children back to their parents in a child abuse/neglect case? Is it the judge or CPS?

In point of fact? The Judge.

In reality? Well, that answer is filled with too much controversy and politics to answer here.

And, assuming you are not seeking to radically change New York State Administrative law, regulation and policy it is irrelevant. What is relevant is the best way to have the children returned.

New York State places investigating (and proving) neglect/abuse through the Office of Children and Family Services. Yet, in the end a Court decides whether (depending on if the case is now before or after a neglect trial) the children are:

1. in imminent risk to their life or health;

2. whether it would be contrary to their welfare to return to their home; and finally

3. What is in their best interests.

If the circumstances that led to their removal have changed from the date CPS removed them, then you have a NY State Statutory right and a 14th Amendment constitutional right to the return of your children

CPS improperly notified mother of case, court rules (statesman.com)
CPS custody hearing sheds light on Highland Park infant’s death (wfaa.com)
injustice (ireport.cnn.com)

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Child, Child abuse, Child Protective Services, Children Youth and Family, cps, Foster care, New York, New York City, Office, Prevention, United States

This entry was posted on July 20, 2012, 2:33 am and is filed under Constitutional Law and Civil Rights, family law, Helpful links for attorneys. You can follow any responses to this entry through RSS 2.0. You can leave a response, or trackback from your own site.

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