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Can Child Protective Services put my name on the NewYork State Registry as a child abuser if my case has not been heard in court

Central Islip, NY |

I am a father of 3 and a step father of 1. My fiancé and I had an argument which led to a 911 call. I was arrested for domestic violence. I have never had this charge before. My fiancé and I were arguing about me seeking help for my drug addiction. She wanted me to get help and she figured if it went through the courts I would finally receive help. CPS was sent to my home to investigate my fiancé and the children. CPS threatened my fiancé 2 put an order of protection on me or she would loose the kids. I had myself court mandated to a drug program after spending 1 week in jail. This was done on my own with no help from CPS. CPS then had a complete stay put on me for the kids. CPS then had me put on the New York State Registry as a child abuser. I went to court once it was postponed.

Attorney Answers 5

Posted

Mr. Caviglia is correct. A report may be indicated on the basis of "some credible evidence." This is an insanely vague standard which is almost entirely dependent upon the attitude of the investigator.

An indicated report is not a public record. But it can haunt you in the future in custody or visitation cases, or if you work in a field with children.

If you object to the indicated report, you can ask for a reconsideration. If denied, you can request an administrative hearing. The instructions on how to do this are in the letter advising you of the indicated report. You can request an amendment to "unfounded", or you can request a sealing. If you complete a substance program and domestic violence training, you can show that the problem has been corrected and the report should be sealed,

This anawer is not intended to create an attorney-client relationship and may be considered attorney advertising. This answer should not supplant advice received from any attorney the questioner may have or obtain, as that attorney will be able to provide more thorough and informed advice.

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Posted

I an unsure what your question is, however, I would suggest that you speak to an attorney as soon as possible.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. I can be reached any time at 347-289-5886. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

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Posted

This question is an example of the enormous difficulty we have in producing the "correct" answer. There are two answers here.

The correct answer is that your name cannot appear in the state registry until a family court judge puts it there by order of the court. The incorrect, but actual answer is that the child protective service can do anything it wants. They can dictate to you what to do and when to do it. They can file an order to show cause, not serve you with it and enter any orders they want.

While it is unlikely they did this, you have to find the source of that order and move to vacate it. I do hope you have an attorney representing you and you are taking notes and writing down names.

Good luck.

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Posted

You should contact a local family law attorney as soon as possible. You should bring along all paperwork that you have when you see your attorney.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.

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Posted

The finding of "indicated" for the state registry only requires a finding of "some credible evidence" existing that the complaint of abuse or negligence is founded. That is a very low threshold, and has nothing to do with the court proceeding, in family or criminal court. You can timely appeal such a finding, and are entitled to a hearing at which the county must show that there was some credible evidence to believe it was a founded complaint. If you win, the entry in the registry will be expunged.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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2 comments

Frank Stephen Ieraci

Frank Stephen Ieraci

Posted

Actually,at the hearing, the standard of proof is a preponderance of the evidence. This is much more than simply showing some credible evidence.

Marco Caviglia

Marco Caviglia

Posted

You are quite right. Haste makes waste. Thanks for the correction.

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