If Child Protective Services has shown up at your door or contacted you, it’s natural to feel shocked or scared. CPS investigations are serious, and how you respond in the first few minutes can affect your entire case.
This guide explains what to do if CPS comes to your house in New York, what your rights are, and how a CPS defense attorney can protect your family.
CPS does not operate like most government agencies. CPS investigators will just show up at your home without warning, often at inconvenient or intimidating times: early mornings, evenings, weekends, or even holidays.
These surprise visits are meant to catch families off guard so the investigator can make judgments based on what they observe in the moment. But that doesn’t mean you have to let them in.
Our law firm represents parents across New York City, including Brooklyn, Queens, Manhattan, the Bronx, and Long Island, who are under investigation by CPS. We know how to deal with these agencies, push back on unfair tactics, and protect your family.
Do not talk to CPS. Do not let them in. Tell them to call your lawyer.
Then, call us. We fight CPS charges. We defend your rights. We protect your children.
The single most important thing to remember:
Do not speak to CPS without legal representation.
Even if the investigator seems friendly, their job is to gather evidence that will be used against you in court. CPS workers may say:
“We just have a few quick questions.”
“You’re not in trouble.”
“It’s best if you cooperate.”
Do NOT fall for this. Everything you say will be twisted, misquoted, or written into an official report. The smartest and safest response is:
“Please speak to my attorney. I will not be answering any questions.”
If CPS contacts you or shows up at your home, politely but firmly direct them to your attorney. You are not required to explain yourself, answer questions, or make any statements.
Once CPS is informed that you have hired legal counsel, they are required to go through your lawyer. This immediately creates a barrier that prevents CPS from pushing you into a conversation that could hurt your case.
Unless CPS has a valid warrant or court order, you are not required to let them into your home. Allowing CPS into your home exposes you to unnecessary risk.
CPS investigators often write subjective opinions about what they observe, opinions that will be misinterpreted.
You have the legal right to say:
“I do not consent to a search. Please contact my attorney.”
Another tactic CPS uses is they will try to speak with your children when you are not present. CPS workers will attempt to do this at school, in your home, or during a visit.
Unless they have a court order or there’s an emergency, you should refuse permission for them to question your child alone. You have the right to be present during any interviews, and your attorney should be involved at every step.
The earlier you involve a CPS defense lawyer, the better. Your attorney will:
CPS cases tend to escalate quickly. Allegations that start out vague lead to court hearings, service plans, and attempts to remove your children. Don’t wait to see what happens. Take control now.
If CPS has contacted you, don’t panic, but don’t face them alone.
Our law firm represents parents across New York City, including Brooklyn, Queens, Manhattan, the Bronx, Long Island, and Westchester, who are under investigation by CPS. We know how to deal with these agencies, push back on unfair tactics, and protect your family.
Do not talk to CPS. Do not let them in. Tell them to call your lawyer.
Then, call us. We fight CPS charges. We defend your rights. We protect your children.
I retained Mr. Discioarro to help me fight the dysfunctional machine that is CPS. Every trick he warned me about, they tried to pull. They lied, bullied, interrogated, and attacked me. I knew I was innocent, and initially I assumed that if I cooperated with them, they would vindicate me and go away. Not so. ONLY after I hired him did CPS back down. Mr. Discioarro taught me to act on innocence, not fear. I don’t need their “help,” because I didn’t do anything. He told me not to be so deferential to them. He gave me the confidence to fight back.
After I panicked and stressed out about a surprising and ironic CPS case brought against me, Michael put my mind at ease. Michael was easy to understand and relaxed. He took care of business and knew what he was talking about. Most importantly, he took me seriously and cared about my situation with CPS. HE got the case dropped and all is WELL!
This man is fantastic. He eased my worries from the moment that I spoke to him. He has extensive knowledge and extensive experience with CPS. He knows what they can and cannot do and what they will try to do. He knows exactly how they function. It's not only his background that makes him such an effective attorney, it's his approach. From the moment I contacted him we was reassuring and confident. He assured me that I did not do anything wrong and that he was there for me. He's always available. He May seem like he's being short with you but HE IS NOT. He's your attorney and he keeps it professional and only wants to talk to you about matters relevant to the case. Hire him and trust him. I would recommend him to ANYONE.
I hired Michael due to a CPS case. He has made a traumatizing situation into something that was easy and simple. CPS was constantly harassing me and showing up at my door-and Michael was there every time. He was always available whenever I texted or called him. He is also very knowledgeable on how CPS works (CPS will lie and manipulate your words). He was worth every dollar-there’s no price limit on protecting your children-especially when CPS is involved. I highly recommend Michael as a lawyer-and to also watch his YouTube video-thats how I found him and knew he was the right lawyer to hire.