Administration for Children's Services311Search all NYC.gov websites
Print icon Print

A Parent's Guide to a Child Abuse or Maltreatment Investigation

If You Have Been Contacted by ACS
During the Investigation
Making a Determination
What Happens to My Record?
Resources

If You Have Been Contacted by ACS

  • ACS has received a report from the New York State Central Register (SCR) of Child Abuse and Maltreatment that a child in your care is alleged to have been abused or maltreated (which includes neglect). ACS is required under law to respond to all reports received.

When ACS receives a report from the SCR, ACS has a legal obligation to assess the safety and well-being of every child listed on the report as well as any other children in the home, evaluate the environment of the children in the home, contact people close to the family who may have more information about the well-being of the children, and take steps to find out if a fair preponderance of the evidence of the alleged abuse or maltreatment exists or not. If your case meets the criteria for CARES (Collaborative Assessment, Response, Engagement & Support) Approach - which is an alternative, non-investigatory child protection response - a CPS will let you know. See more information on CARES.

If your case does not meet the criteria for CARES an investigation is required to occur.

During the Investigation

  • CPS will contact the person, if known, who made the report within 24 hours, to gather more information.
  • CPS will make an unannounced visit to your home within 24 - 48 hours of the report. CPS will request your permission to enter your home and have a conversation about the alleged concerns and to explain the process. Although you have a right to choose not to let ACS into your home, if you do not, ACS is still required by law to determine how best to assess the safety of your child(ren). This may include seeking permission from Family Court to gain entry or produce the child(ren) in order to complete the assessment.
  • CPS has a legal obligation to see and speak to all children who reside in your home as well as any other child for whom you are a parent or caretaker.
  • CPS will attempt to speak to all adults or caretakers living in the home.
  • CPS will provide you with notification, at our first interaction at your home, that:

The Administration for Children's Services (ACS) has received a report from the New York Statewide Central Register (SCR) with concerns about your child(ren). ACS has a legal obligation to assess the safety of your child(ren) to complete an assessment of the concerns. It states:

  • We are requesting your permission to enter your home to have a conversation with you about the alleged concerns and to explain the process.
  • We want you to know that you have a right to not let ACS into your home. If you choose not to let ACS into your home, ACS is required by law to determine how best to assess the safety of your child(ren). This may include seeking permission from Family Court to complete the assessment.
  • We also want you to know that you may call an attorney at any point during this investigation.
  • We have an informational packet that includes contact information for your local family defense organization, along with other resources within your community.
    • CPS will 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.
    • CPS will seek to check to make sure your home is free of hazards, has adequate food, safe sleeping arrangements, etc.
    • CPS may go to your child's school, talk to family members and other people who may know your child, like a neighbor, building superintendent, teacher, doctor, nurse, NYPD, etc.
    • If it is determined that services would be helpful to your family, ACS can refer you and/or your family to services and work with you to help you receive those services. CPS may offer you Prevention Services or other community-based services which can include medical, mental health, benefits navigation and other services.
    • In circumstances where CPS determines a plan is needed to ensure the safety of your children, they may ask you to attend an Initial Child Safety Conference (ICSC) to create that plan. You are welcome to bring someone you trust to the conference and you will also be offered a Parent Advocate to attend the conference with you.
    • You may call an attorney at any point during this investigation.
    • CPS will provide you with an informational packet that includes contact information for your local family defense organization, along with other resources within your community.

Making a Determination

When ACS conducts an investigation, within 60 days or fewer, CPS will make a determination of whether or not the report is "indicated" or "unfounded. Indicated means that:

  • CPS found a preponderance of evidence to support the claim that a child has been abused or maltreated.
  • You will receive a letter from CPS called a "Notice of Indication," telling you that the report was indicated. The letter will also notify you of your right to ask for a review of that decision, which must be done within 60 days of the receipt of the letter.

Unfounded means that:

  • CPS did not find a preponderance of evidence to support the claim that a child has been abused or maltreated.
  • You will receive a letter from the New York State Central Register (SCR) that the report was unfounded.
  • You may still be offered community-based service and/or preventive services to help support your family.

What Happens to My Record?

All indicated reports of abuse and maltreatment must be kept by the SCR until the youngest child in the family at the time of the investigation turns 28 years old. However, unlike indicated reports of abuse, indicated reports of maltreatment cannot be disclosed in an SCR clearance after 8 years. These non-abuse indicated reports are automatically deemed not relevant, nor reasonably related for employment, licensure or certification.

If you would like information about your case, including appeals, expunging of records, or obtaining copies of your records, you may write to the Director of the State Central Register of Child Abuse:

New York State Office of Children and Family Services State Central Register
P.O. Box 4480
Albany, NY 12204-0480
Phone: (518) 474-5297

For more information about your rights if you are named in a report, go to the New York State Office of Children and Family Services

Resources

Translations Available in: