It can be a little unnerving for a parent to learn that they are being investigated for child abuse or neglect. However, most of the time, the goal is to help the family get the assistance and resources they need to remain intact.

ACS is the agency that conducts these investigations. Here’s what you need to know.

What is ACS?

The Administration for Children’s Services (ACS) is an agency within the New York City government that promotes and protects the well-being of families and children in the city. It provides services for child welfare, early care, juvenile justice, and education.

The agency contracts with private nonprofit organizations for services regarding child welfare to provide support and resources like preventive services for stabilizing at-risk families or those on the brink of a crisis. They also provide foster care services for children whose home is not safe for them.

The Division of Child Protection is under the purview of ACS and conducts investigations into suspected child neglect or abuse.

What is an ACS investigation?

ACS investigations are conducted by the ACS Office of Special Investigations (OSI), which deals with suspected child neglect and child abuse that involve:

  • Childcare employees
  • Children in foster care
  • ACS employees
  • Foster parents
  • Teen parents in foster care

During the investigation, the OSI staff interviews people who may be able to provide information such as children, parents, and foster parents. They may also speak with teachers, foster care agency staff, neighbors, childcare staff, and doctors.

What is Child Abuse and Neglect?

Under the Family Court Act – FCT § 1012, child abuse and neglect is defined as an act that is committed by a parent or caretaker of a child younger than 18 that results in serious emotional or physical harm, exploitation, death, or sexual abuse as well as failure to act to protect the child from these things or to provide the basic necessities to a child.

More specifically, child abuse and neglect can include:

  • Child Abuse
    • A parent or caretaker intentionally inflicts serious physical injury upon a child or allows someone to inflict serious physical injury upon a child, such as:
      • Beating
      • Kicking
      • Burning
      • Shaking
      • Biting
      • Punching
    • If a parent or caretaker allows the action causing serious physical injury to occur, it is also child abuse.
  • Child Sexual Abuse
    • Incest
    • Obscene sexual performance
    • Intercourse
    • Rape
    • Fondling a child’s genitals
    • Sodomy
    • Any other activity that exposes a child to sexual activity
    • Exposing a child to commercial sexual exploitation such as
      • Production of pornographic materials that involve a minor
      • Prostitution of a minor
  • Child Neglect
    • Failure of a parent or caretaker to:
      • Provide adequate food, shelter, and clothing to the extent that the safety, health, and well-being of the child are threatened.
      • Support the educational needs of the child by preventing them from attending school for reasons that are unexcused or for not responding to the school’s efforts to reach out and encourage the parent or caretaker to follow up with the educational needs of the child.
      • Provide medical care, mental health care, or substance abuse services.
      • Leaving a child without adequate supervision or leaving them alone when they are not developmentally able to be without supervision.
      • Leaving a child in the care of someone without providing for or establishing a plan for the provision of food, education, clothing, or medical care.
      • Leaving a child with someone who lacks the ability to protect or supervise the child adequately.
      • Subjecting a child to fear, extreme criticism, humiliation, or verbal terror.
      • Using excessive corporal punishment to the extent that it results in physical or emotional harm.
      • Exposing a child to family violence.
      • A parent or caretaker is using alcohol or drugs to the extent that they are unable to provide adequate care for the child.
      • Selling, using, manufacturing, or keeping drugs in the presence of a child
      • Giving drugs to a child.

What Happens After the Investigation is Finished?

Once an investigation concludes, there are several things that may happen as the agency takes steps to protect the child and ensure that he or she has what they need to be safe and healthy.

The agency will send a determination letter explaining the findings of the investigation. If a person receives a determination letter that shows allegations against them and they believe the information against them is not accurate, they have the right to file a request for the determination to be amended.

Requesting that the determination be amended must be issued in writing, in a letter format that includes:

  • The full legal name of the individual
  • The full legal name of the child or children who are listed in the report
  • Home address for the children, parent, foster parent, daycare, etc.
  • Case ID
  • Intake Stage ID

It should be addressed to:

New York State Office of Children and Family Services
State Central Register
P.O. Box 4480
Albany, NY 12204-0480

The agency may also issue some corrective action requirements instituted by OSI that organizations must complete to promote the safety and well-being of the child.

What is the Difference Between ACS and CPS in New York?

A Child Protective Specialist (CPS) is an employee of the Administration for Children’s Services (ACS). These specialists have been through rigorous training that has taught them how to work with families to not only assess the child’s situation, if they are safe and healthy, but also to assist family members in getting the assistance they need and directing them to important resources.

How Long Does an ACS Case Stay Open in New York?

During an ACS investigation, every aspect of a family’s life is examined under intense scrutiny. The goal is to determine if a child who is under that family’s care has been abused or neglected.

The investigation by ACE must be completed within 60 days. 

Once the agency has completed its investigation, it will decide that either the case is indicated, or it is unfounded. They will send a letter to the individual informing them of the decision.

If the case is indicated, they will likely be directed to some resources and the individual may be put in touch with nonprofit agencies for certain programs and resources.

If the investigation leads the agency to believe that the child is at risk, they may hold a Child Safety Conference which is a meeting between the parent and ACS to discuss the issues and make decisions about the family and the child.

ACS also has the power to legally require a person to do something. Sometimes the agency wants to require a parent to do something and the best way to accomplish that is by getting them into court. They may also take an individual to court if they are trying to remove the child from the home.

If you are being investigated by ACS, you need legal representation. While these investigations are very thorough, mistakes can be made, and you don’t want to have to deal with that on top of the stress of being investigated by ACS.

The Litvak Law Firm has the experience and talent that is needed to ensure that your case has the best possible outcome. Call today at 718-989-2908 to get started.