Parents' lawsuit seeks change to Child Protective Services practice

Parents' lawsuit seeks change to Child Protective Services practice

By John Sullivan
Times Herald-Record
Posted: February 15, 2010 - 2:00 AM

It's an embarrassing topic few parents would want to talk about: their involvement in an investigation by Child Protective Services.

Two-thirds of all 160,000 child abuse investigations in 2007 resulted in unsubstantiated claims. And some reports to the state's child abuse hot line are outright lies, say counselors who work with families and children.

Still, child abuse investigators march on, required by law to get to the bottom of an allegation within 24 hours of receiving a call, including from anonymous tipsters. Most are handled swiftly — usually in less than six hours — and with kid gloves, according to educators and counselors who work with CPS investigators. But when the allegations involve the parents of the child, the emotional toll can be great.

"I've never met a parent who has been involved with a CPS investigation who hasn't been upset," said Stanley Goldstein, a Scotchtown psychologist who works with parents and children.

One such case arises out of Goshen, where a couple's kindergarten-aged daughter was questioned by CPS workers at school after a caller to the state's child abuse hot line alleged that one of her parents sexually abused her. The caller based the allegations on information from an unnamed third-party source, according to a lawsuit filed by the parents. The allegations were declared unfounded after a CPS investigation.

The couple contend the questioning of their child at school violated family-rights laws. Though the law requires CPS workers to acquire a court order to talk to a child if the parents refuse to allow it, it does not prevent schools from allowing CPS workers to question the child without parental consent. The plaintiffs are asking for a change in this CPS investigation practice, as well as millions of dollars in damages.

"We're not saying that they shouldn't interview kids," said Marie Condoluci, attorney for the plaintiffs. "All we are saying is that they should have the same reasonable cause before interviewing the child at school."

Officials resist the idea.

"We're not going to leave it up to the parents to determine whether a child investigation goes on or not," said Ed Borges, spokesman for the state's Office of Children & Family Services. "The law says it's our responsibility to make sure that the child is safe."

jsullivan@th-record.com
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