Q: What happens if a suspected child abuse/ neglect report comes back as indicated in the state of NY? Is the other parent going to go to jail for leaving a bruise on the child? The other parent did not mean to leave a bruises.
A: David's Answer: You generally cannot "go to jail" unless a criminal proceeding is filed against you. An "indicated" report is a mere administrative finding which does not, in itself, carry a risk of incarceration. While you may not have intended to cause an injury, if you nevertheless intended to hit the child & an injury resulted, there is a good basis for the report to have been indicated. Otherwise, you may wish to consider filing for an Administrative Review with OCFS to challenge the indicated finding. You must do so within 90 days of the indicated finding report. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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