Legal Question in Family Law in New York
Procedral Due Process Cause
As a trditional rule, americans have been given the opportunity to defend themselves against serious accusations. On april 12, 2008 my husband and i recieved a letter from the oswego county department of social services, indicating both myself and my husband for alledgingly giving our 4 month infant son multiple ounces of hard liquor in his bottle. By doctors accounts, if this had occured it would have caused serious harm or possible death. After this indicated report, no charges or court took place??? The oswego county department of social services believes that they have the right to deny our legal right to defend ourselves in court. Obviously we know this is a false indication, but they must as well. This also could be described as defamation of character. We are serious about setting the record straight.
1 Answer from Attorneys
Re: Procedral Due Process Cause
An indicated child abuse report is very serious. It stays on your record for 10 years, and can be the basis for taking away your child. Since no action has been taken, they are waiting for something else to happen. The child abuse people can strike at any time.
When you received your indicated report, it also contained a procedure for challenging the indication, but it must be done within a certain period of time. It has now been seven months where you have not taken any action. You may have waived your rights to contest the indicated report.
If you contest the indicated report, you are entitled to a hearing before an impartial judge. If you are dissatisfied with that ruling you can start an action in Supreme Court to have the indication expunged.
If you need any further assistance, please feel free to contact me.
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