Philadelphia, PA asked in DUI / DWI, Family Law and Car Accidents for New York

Q: Can CPS tell you not to be alone with your kids before you're proven guilty of a charge?

My fiance got in a car accident due to the wheel guard falling off and catching under the tire and yanking him off the road on8/25,our daughter was in the car also. He had an energy drink 10 min before and blew a 0.1. This caused him to get an aggravated dwi charge and appearance to court date. CPS got the report & did their visit on8/30 with nothing major being done. On Friday 9/2 we got a phone call from our social worker that by the time I got home from work that day he was no longer allowed to be alone with our kids. At this same time I was told none of the references we gave her on Tuesday had been called yet. Why wasn't this decision made on Tuesday while she was here doing the initial visit and is it right to make this decision without even contacting the references that were given on Tuesday. He will be filing not guilty on all counts, I'm just curious on the CPS part and if it's legal the way it was done. It should have been a no fault accident due to the car falling apart.

1 Lawyer Answer
Sandra M. Colatosti
Sandra M. Colatosti
  • Criminal Law Lawyer
  • Licensed in New York

A: Yes they can

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