This page explains New York law on child protective investigations under Title 6 of the Social Services Law (sections 411 to 428) and abuse and neglect proceedings under Article 10 of the Family Court Act. KOR Law LLP's family law practice defends clients in CPS investigations and in Family Court proceedings involving allegations of abuse or neglect.
How does a report start an investigation?
Reports go to the Statewide Central Register, the hotline run by the Office of Children and Family Services, which takes calls 24 hours a day and relays them to the local CPS office for investigation, according to OCFS. Mandated reporters, such as medical staff, school officials and child care workers, must also file a signed written report within 48 hours of a phone report, OCFS says. The local CPS must then start an investigation within 24 hours (SOS 424(6)(a)).
The investigation looks at the home environment of the child named and any other children in the home, the risk to them if they stay, and the "nature, extent and cause" of the condition reported (SOS 424(6)(a)). The legal question is whether a child is abused or neglected under Family Court Act 1012. A "neglected child" includes a child whose physical, mental or emotional condition has been impaired, or is in imminent danger of being impaired, because a parent failed to exercise "a minimum degree of care" (FCT 1012(f)(i)).
What are the steps, in order?
- Report to the register. The central register screens the call and sends it to the local CPS (SOS 422; OCFS).
- Investigation begins within 24 hours. A caseworker evaluates the home and the children (SOS 424(6)(a)).
- Written notice to the subjects. After seeing to the children's safety, CPS must notify the subjects and others named, in writing, that the report exists and of their rights to seek amendment (424(6)(a)).
- Preliminary report within seven days. CPS sends the register a preliminary written report of its initial investigation (424(3)).
- Services may be offered. Before offering services, CPS must explain it has no legal authority to compel the family to accept them, though it can petition Family Court (424(10)).
- Determination within 60 days. CPS decides whether the report is indicated or unfounded (424(7)).
- Family Court, if CPS files. If services are refused or CPS decides court action is needed, it may file an abuse or neglect petition (424(11); FCT 1031(a)).
What can the outcome be?
| Outcome | What it means | What happens to the record |
|---|---|---|
| Unfounded | The evidence did not meet the standard (for investigations begun since January 1, 2022, a fair preponderance) | Legally sealed at once and expunged ten years after the report was received (SOS 422(5)(a)) |
| Indicated | CPS found a fair preponderance of the evidence of abuse or maltreatment | Kept on the register, generally until ten years after the youngest child named turns 18 (SOS 422(6)); the subject can ask to amend it (422(8)) |
| Family Court petition | CPS asks the court to find the child abused or neglected | The court decides at a fact-finding hearing on a preponderance of the evidence (FCT 1046(b)(i)) |
An indicated report matters outside the family. Certain employers and licensing agencies that work with children must check the register, and an indication of maltreatment alone (not abuse) that is more than eight years old at the time of the inquiry is treated as not relevant to employment (SOS 424-a(1)(e)). How to challenge an indication is covered in whether you can clear an indicated CPS report in New York.
Can CPS remove a child without a court order?
Only in an emergency. A designated CPS employee or police officer may take a child into protective custody without a court order or the parent's consent only with reasonable cause to believe that staying home presents an "imminent danger" to the child's life or health, and there is not enough time to apply for a court order (FCT 1024(a)). If the parent is not present, written notice must be posted at the residence and mailed within 24 hours (1024(b)).
After an emergency removal, the court must hold a hearing no later than the next court day after the petition is filed, if the parent was not present or represented at an earlier hearing (FCT 1027(a)). A parent can also apply for the child's return. Except for good cause, that hearing must be held within three court days and cannot be adjourned, and the court must return the child unless return presents an imminent risk to the child's life or health (FCT 1028(a)).
What changes the answer?
- When the investigation began. Investigations begun on or before December 31, 2021 used a "some credible evidence" standard; later ones use a fair preponderance (SOS 422(5)(a)).
- Whether a petition is filed. A Family Court case brings the right to counsel and court-ordered timelines (FCT 262(a)(i); 1027; 1028).
- Abuse versus neglect. They are defined differently (FCT 1012(e), (f)), and severe or repeated abuse findings require clear and convincing evidence (1046(b)(ii)).
- A pending divorce or custody case. The investigation can affect custody; see how to change a custody order in New York.
- Joint investigations. Reports of serious physical injury or sexual abuse are shared with law enforcement and may be investigated jointly (SOS 424(5-a)).
- The disposition. If a finding is made, the court can suspend judgment, release the child, order placement, issue an order of protection, or order supervision (FCT 1052(a)).
For example: a report from a school
For example, imagine a parent in the Bronx whose eight-year-old misses several weeks of school during a family illness. (This is a made-up illustration, not a real client or result.) A school official calls the central register, and a caseworker visits the next day, consistent with the 24-hour rule in SOS 424(6)(a). The parent receives written notice of the report and the right to seek amendment.
The caseworker offers referrals and explains, as SOS 424(10) requires, that the family is not required to accept services. The parent gathers medical records showing the illness and a plan with the school. Within 60 days, CPS must decide whether a fair preponderance of the evidence shows neglect under FCT 1012(f)(i) (SOS 424(7)). If the report is unfounded, it is legally sealed (SOS 422(5)(a)).
Common mistakes
- Assuming services are mandatory. CPS must tell you it cannot compel them (SOS 424(10)).
- Ignoring the written notice. It explains your amendment rights, and an indicated report has a 90-day window to request amendment (SOS 422(8)(a)(i)).
- Missing a Family Court date. Orders can be made in your absence; the general rules for undoing a default in New York courts are in how to vacate a default judgment in New York.
- Waiting to ask for a child's return. A return application must generally be heard within three court days (FCT 1028(a)).
- Going to court without counsel. A respondent has the right to counsel, assigned if unaffordable (FCT 262(a)(i)).
- Overlooking the employment effect. Indicated reports can be disclosed to child-related employers (SOS 424-a(1)(e)).
What to do this week
- Keep every letter and card from CPS, and note the date you received the written notice.
- Write down the caseworker's name, office and each contact, with dates.
- Gather records that answer the allegation, such as medical, school or child care records.
- Identify people who can speak to your care of the children.
- Do not sign a safety plan or service agreement you do not understand.
- If a petition is served, appear on the date given and ask about counsel.
- Speak with counsel before any interview if law enforcement is also involved.
Frequently asked questions
Does an unfounded report disappear?
It is legally sealed right away, can be unsealed only for limited purposes, such as by the subject in an Article 10 case or in a lawsuit over false reporting, and is expunged ten years after the report was received (SOS 422(5)(a)).
How long does a CPS investigation take?
CPS must make its determination within 60 days of the report (SOS 424(7)).
Will a report affect my divorce?
It can. Before issuing a custody or visitation order, the court must review related Article 10 decisions (DRL 240(1)(a-1)(3)), and a central register report is admissible in a custody case only if the investigation found some credible evidence (DRL 240(1-a)). How the divorce itself proceeds is covered in how a divorce moves through the New York courts. Support is calculated the same way regardless; see how child support is calculated in New York.
Who can see an indicated report?
Reports are confidential and available only to the people and agencies listed in SOS 422(4), which include child protective agencies, courts in certain proceedings, and providers that must screen workers under SOS 424-a.
What if my business or school receives a records request from investigators?
Respond carefully and through counsel; a general approach to official demands for records is in what to do in the first week after a government subpoena. If the organization is also reviewing the incident internally, how it structures that review affects confidentiality; see how privilege works in an internal investigation.
Can a Family Court order be changed later?
Yes. For good cause and after notice, the court may stay, modify, set aside or vacate an Article 10 order (FCT 1061).