How to Challenge an Indicated Finding by CPS? – Long Island Family Law and Mediation Blog

When you are made the subject of a CPS/ACS investigation, you have the right to be notified of the findings in writing within sixty days. If the letter you receive states that the report is unfounded, then the matter will be closed and no further action will need to be taken on your behalf. However, if CPS/ACS determines that report that has been made against a subject is founded, you will receive a letter saying the report has been indicated against you. In other words, this simply means that there was some credible evidence to establish neglect or abuse against children. If a report is indicated against a subject, then they will only be given ninety days to challenge those findings and request that the report given be amended to read unfounded. An administrative review will be done based on this request. Sometimes an indicated finding is reversed right away. If , however the report is not amended right away, you will be given an opportunity to have a “fair hearing” which offers you the chance to clear your name, with the assistance of an attorney if you choose to retain one (this is advisable), at a hearing to take place before an administrative law judge


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