Saturday, February 8, 2014

When you are being investigated for child neglect or abuse, is the ACS worker allowed to question your child in private?

Q:  Someone made a report to ACS for domestic violence in my home and a social worker came to my house to investigate to see if the violence was taking place in front of the kids and he said he had to speak to each child separately by their self with me present but I thought you aren't allowed to speak to a child without an adult until the child is 17 years old.

A:  David's Answer:  You can object, and the process would then be for ACS to file a motion for a Judge to direct that the interview can take place over your objection. About 99.99% of the time, the Judge will issue that order. The rationale is that if the child is being abused or neglected by that same parent, they don't want that parent sitting next to them staring at them when the worker asks whether they're being abused or neglected. Schedule a consult with a Bronx Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (

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