Know Your Rights in a CPS Case
When dealing with Schenectady County Child Protective Services (CPS), it is absolutely critical to understand your rights. CPS has the power to make life-changing decisions about your family, but that does not mean they are above the law. Unfortunately, some caseworkers abuse their authority, act outside their legal limits, or fail to follow required procedures. This can cause serious harm to families—especially when people do not know what protections they are entitled to.
CPS workers often rely on the fact that many families are unaware of their rights. They may pressure you into compliance, enter your home without proper authority, or make threats based on misinformation. Just because a CPS worker acts like they can do something does not mean it is legal. Your rights exist to protect you, and it is up to you to assert them.
This page serves as a resource to help you understand your rights during investigations, your constitutional protections, and the policies CPS is supposed to follow. If your rights are violated, you have the power to push back, file complaints, and take legal action.
1. Your Rights During a CPS Investigation
If CPS is investigating you or has opened a case against you, you have the right to:
•Be informed of the investigation: CPS must inform you of the allegations against you and give you the opportunity to respond.
•Refuse entry to your home: Unless CPS has a court order or there is immediate danger to your child, you can legally deny them entry.
•Be present during interviews: If CPS interviews your child, you generally have the right to be there, unless they can prove your presence would harm the investigation.
•Request an attorney: You have the right to legal counsel during the entire process.
•Receive notice of hearings: You must be informed if CPS plans to remove your child or take other legal actions, and you have the right to attend court hearings and defend yourself.
•Record interactions: You have the right to record conversations with CPS workers. Recording ensures there is a clear record of what was said and can protect you from misrepresentation.
2. Your Constitutional Rights
You are also protected under the U.S. Constitution:
•Right to remain silent (5th Amendment): You are not required to answer self-incriminating questions.
•Right to due process (14th Amendment): CPS cannot take action against you without following legal procedures.
•Right to a fair trial: If your case goes to court, decisions must be based on evidence, not bias or intimidation.
3. CPS Policies and Procedures
CPS is required to follow specific rules, including:
•Conducting thorough investigations before making decisions.
•Using the least restrictive measures before considering child removal.
•Maintaining confidentiality unless the law requires disclosure.
•Allowing you to contest decisions and challenge removals through formal hearings.
4. Parental Rights
As a parent, you have the right to:
•Direct your child’s upbringing (education, medical care, and welfare).
•Custody and visitation unless a court decides otherwise.
•Notification of decisions affecting your child, including foster care placements or restrictions.
5. Filing Complaints and Accessing Records
If you believe Schenectady County CPS is mishandling your case, you have additional rights:
•Filing a complaint with the Office of Children and Family Services (OCFS): If your case is not being handled properly, you can report CPS misconduct directly to OCFS.
•Submitting a FOIL request: You have the right to request CPS records under the New York Freedom of Information Law (FOIL). CPS must respond within five business days.
•If they deny your request, they must state why in writing.
•You then have the right to appeal that denial.
•Keeping documentation: Always document and record interactions with CPS. Written and recorded evidence can protect you in disputes.
RECORD EVERYTHING
New York is a one-party consent state. This means that as long as you are part of the conversation, you do not need to inform the other person that you are recording. It is completely legal to record all interactions with CPS caseworkers, whether in person, on the phone, or in meetings.
Recording is one of the most powerful tools you have:
• You do not have to tell them you’re recording.
• If they know, they will likely change their behavior—being overly cautious, refusing to talk, or avoiding certain statements.
• Secretly recording ensures you capture their true words, tone, and tactics.
Always, always record: visits, phone calls, interviews, and meetings with caseworkers or anyone connected to CPS. Combine recordings with written notes to build a clear record that protects you and your family.
6. Legal Actions You Can Take
If CPS violates your rights, you may be able to take legal action, including:
•Defamation (if false accusations were made).
•Abuse of power (if CPS overstepped legal boundaries).
•Negligence (if CPS failed to properly investigate or made harmful errors).
•Emotional distress (if CPS actions caused severe harm to your family).
•Child endangerment claims (if CPS’s actions directly harmed your child).
Conclusion
Schenectady County CPS is required to follow the law, but that does not mean they always do. By understanding your rights, you can protect yourself from intimidation, overreach, and misconduct. You have the right to refuse unlawful demands, to record interactions, to access your records, and to file complaints with OCFS if your case is being mishandled.
Knowledge is your strongest defense. Stay informed, stand firm, and demand that your rights—and your family’s rights—are respected.