cps guidelines for child removal new york

The SCR receives calls 24 hours a day, every day from two types of sources: persons who are required by law (mandated) to report suspected cases of child abuse and maltreatment; and calls from non-mandated reporters, including the public. Concerned Citizen's Guide to Reporting Suspected Child Abuse and Maltreatment, Definitions of Child Abuse and Maltreatment, Preventive Services Practice Guidance Manual, Report of Suspected Child Abuse or Maltreatment (LDSS-2221A), Funding Opportunities / Contractor Information. Has the person legally responsible failed to provide a minimal degree of care under the circumstances in question? All Rights Reserved. The information you provide can be as simple as a name and city, town, or county; or only an address, with or without a street number; or only a phone number; or some other information that could lead to the identity and location of the child. State Law only applies to a parent or persons legally responsible for the child. legally responsible for the childs care loses self-control of his or her actions; or by any other acts of a similarly The child may be placed in foster care or with other suitable persons until the court makes its final disposition. The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York. 0000471104 00000 n 0000471764 00000 n 0000473215 00000 n Candidates should Lawyers of Distinction like to congratulate to the newest 2022 Lawyers of Distinction. This comes despite decades of research on disproportionality and racial bias, and also the implementation of strategies and services designed to meet the needs of families of color. Article 65 of the education law, or medical, dental, optometrical, or surgical care though financially able to 0000474644 00000 n Contesting Removal What Criteria Must Be Met? Whats My Role in Preventing Child Abuse & Neglect in the Families I See? The law established child protective services (CPS) in each county in New York. 0000467732 00000 n physicians. Juvenile Dependency Court Orientation - a video about the court process for parents whose children were taken from their care. However, the endstream endobj 417 0 obj <>/Filter/FlateDecode/Index[63 11]/Length 20/Size 74/Type/XRef/W[1 1 1]>>stream $9( (wBR2b LmUlN3Jd6 *%v3pi|G]:!+7&dxY_Nty2@&PmW?I053u;AIsavhmhZZPR0-:@b`. To receive Child Abuse Prevention and Treatment Act (CAPTA) funds, States are required to ensure that they operate programs relating to child abuse and neglect that include the following: 1 Policies and procedures (including appropriate referrals to child protection services systems and for other appropriate services) to address 0000028741 00000 n 0000012662 00000 n 0000475670 00000 n Decrease the overall number of children removed. The CPS supervisor is the senior partner in the decision to have a child remain or be removed from its home. Paul Chill wrote an excellent article, Burden of Proof Begone: The Pernicious Effect of Removal in Child Protective Services, for the . patterned like electric iron, burner,etc. positive indicator of toxicology, esp.in newborns; drug withdrawal symptoms, tremors, etc. Nassau County is committed to ongoing improvement, and to reducing disparities for children of color within the child welfare system. any act described in section 255.25 of the penal law (Incest); or allows such child to engage in any 0000464087 00000 n 0000476893 00000 n Child Protective Services (CPS) becomes involved with children and families when they are referred by the DFPS Investigations division, which investigates allegations of child abuse and neglect. 0000014532 00000 n failure to comply results in death or serious or protracted disfigurement, impairment of 0000469955 00000 n In some cases, the court orders an evaluation by the Mental Health Services. Child welfare workers use test results to make informed decisions regarding child removal, family support services, family reunification, or termination of parental rights. 489 0 obj <> endobj 0000442528 00000 n Each CPS is required to investigate child abuse and maltreatment reports, to protect children (anyone under 18 years old) from further abuse or maltreatment, and to provide rehabilitative services to children, parents, and other family members involved. 0000003748 00000 n Allowed a child to engage in prostitution? 0000464294 00000 n Our second option allows you to build your bundle and strategically select the content that pertains to your needs. 0000441698 00000 n Are there parallels between hiring and child protection processes that can help reduce bias and narrow child welfares front door? whose physical, mental, or emotional condition has been impaired or is in imminent danger of becoming 0000018180 00000 n On closer examination, staff recognized both the need to ensure model fidelity and create a foundation for real and sustainable culture change to eliminate bias. 0000476769 00000 n Child Protective Proceedings (Abused or Neglected Children). In New York City, this agency is the Administration for Children's Services. 0000473401 00000 n Have access to resources and services to promote permanency. 0000473463 00000 n CPS must alert law enforcement that someone in the home is presenting symptoms of COVID 19. Child Abuse Hotline staff members must use the five criteria based on state law to assess each call. 0000471930 00000 n All rights reserved. 0000470405 00000 n The committee then makes a recommendation about whether the child should be removed from the home. 0000466603 00000 n 0000465880 00000 n 0000001863 00000 n 0000020405 00000 n consistent hunger,poor hygiene (skin, teeth, ears, etc. In addition, following significant declines in racial disparities, Nassau County has experienced a recent increase in the number of Black children entering foster care. 0000478740 00000 n What is the role of the child protection agency in the Black Child Legacy Campaign? How Do I Recognize Child Abuse and Neglect? 505 0 obj <>/Filter/FlateDecode/ID[<7BFC3A578D68FE4596CBB32FFEA14C39>]/Index[489 32]/Info 488 0 R/Length 83/Prev 85358/Root 490 0 R/Size 521/Type/XRef/W[1 2 1]>>stream 0000468198 00000 n Child Protective Services and Child Removal, juvenile justice services throughout the community, A child has unexplainable and frequent bruises or wounds, The childs health needs are not satisfied, The child is constantly absent from school. \h+i)500'H3Q4f`TOv )EF 27 4 0000467505 00000 n 0000003439 00000 n 3 DeAngelis, T. (2019). In cases where the childs safety is not in immediate danger or the situation is not necessarily unsustainable, CPS may get court-ordered supervision, essentially monitoring the home where the child stays in compliance with the court order until the court finds the matter resolved. 0000476831 00000 n 10 Crowe, E., & McCarthy, M. (2020). genitalia,vaginal or anal areas, sexually transmitted diseases, especially in preteens; includes The court has continuing jurisdiction, the child remains legally placed until each permanency hearing is complete and permanency is achieved. 1 Pryce, J., Lee, W., Crowe, E., Park, D., McCarthy, M., & Owens, G. (2018). 0000475064 00000 n employee or volunteer of a residential facility, other adults responsible for the childs care at the relevant time, including any adult who continually or at regular intervals, is found in the same household as the child. 0000013991 00000 n 0000443358 00000 n How Can I Help Prevent Child Abuse Before it Happens? 0000123012 00000 n 288 0 obj <>stream At this hearing,the court will determine if the factors listed above exist. In addition, staff recognized that removal committee meetings where decisions are made about whether to remove a child from his/her home offered a key opportunity to address the impact of bias not just in regard to race and ethnicity, but also against families that had frequent or multigenerational involvement in the child welfare system. 1-800-342-3720. Family Court Review (Volume 41, October 0000111605 00000 n Nassau County (N.Y.) Child and Family Services 7 introduced a blinding practice into its child welfare removal meetings and, within five years, the number of Black children removed from their families was reduced considerably, representing the most significant decrease in racial disproportionality within the county system ever. The New York State Social Services Law and the Family Court Act aim to target abuse in a familial context, meaning the offenders are those who live with the child either temporarily (foster care) or permanently. If the court decides that the child has been abused or neglected: A dispositional hearing will be scheduled so that the court may consider what to do in the best interests of the child. Candidates must have general We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. 0000475450 00000 n 0000472790 00000 n Terms of Use | You do not need to be certain that child abuse or neglect has occurred before you call the Child Abuse Hotline. 0000469647 00000 n 0000009730 00000 n SEXUAL ABUSE:Has the person legally responsible, Created by Monroe County Department of Human Services. If the persons named in the petition are not the child's parents, but some other persons who are legally responsible for the child, then the parents must also be served with court papers so that they may appear in court if they wish to request temporary or permanent custody of their child. If CPS is going to remove the child from their home, they will initially seek out relatives and family friends who may be able to care for the child while the parties settle any pending legal worries or actions. 1-800-638-5163 0000466547 00000 n preventing further abuse or maltreatment of children; and. Use the following links to change to translated versions of this page. the child is in such circumstance or condition that continuing at home or in the care and custody of %PDF-1.6 % 0000013044 00000 n 0000469247 00000 n abuse or maltreatment, if known; the family composition, where appropriate; the person making the report and where he or she can be reached and; the actions taken by the person reporting the alleged abuse or maltreatment, including the taking Terms of Service. If someone reports any of the reasons below to CPS, they will begin the investigation no later than 24 hours after the report: The investigation typically includes home visits to assess the childs living standards, questioning teachers, inquiring with caretakers, and occasionally following up with family doctors. Keep in mind that juvenile dependency cases are very serious. 0000464167 00000 n or, creates a substantial risk of physical injury, excluding minor injury, by other than accidental means; 0000479030 00000 n 0000467067 00000 n 0000474253 00000 n 0000477538 00000 n 0000475724 00000 n 0000473705 00000 n care is voluntarily and regularly participating in a rehabilitative program, evidence that he or she has If appropriate, the child may be called as a witness. foreseeable. 0000466179 00000 n Join New York Law Journal now! self-control of his or her actions shall not establish that the child is a neglected child without evidence that While not all complaints are grounds for removal, it is in ones best interest to contact a family lawyer if they have custody concerns. Contact Us | Privacy Policy. https://www.law.com/newyorklawjournal/2021/06/29/child-protective-services-supervisors-are-targets-in-child-removal-lawsuits/. What Should I Do if I Notice an Indicator? 0000479296 00000 n 0000012850 00000 n 0000475791 00000 n 0000473004 00000 n 0000480054 00000 n Some research has found, however, that implicit bias training alone may not always be successful in correcting implicit bias.3,4,5 Alternatively, there is preliminary evidence that blinding, or removing information that would activate implicit bias, along with continued training and coaching for staff, may be a technical strategy that can have an impact on racial inequities and disproportionality at a specific point along the child welfare continuum.6 Further statistical tests and a comparison group analysis are essential for determining if Blind Removals can be associated with a significant decrease in removals. If a report has been made to CPS, the agency's caseworker will make an unannounced visit to your home within 48 hours. The parents or guardians against whom the petition is filed, called the "respondents", may hire attorneys to represent them in court, or ask the court to assign attorneys at no cost if they cannot afford to hire their own. 0000118043 00000 n 0000029494 00000 n 0000471600 00000 n department, unless the person is a physician treating the child and the child is or will be presently 0000475230 00000 n trailer Regardless of whether the child has been removed from home with or without the parents' consent, the parents may ask that a court hearing be held within a short period of time to see if the child may return home until a full hearing on the allegations is completed. 0000470684 00000 n One may also call 311 for help finding nearby counseling, family, and preventative services. Data source: Adoption and Foster Care Analysis and Reporting System (AFCARS) data, made available by the National Data Archive on Child Abuse and Neglect Data (NDACAN), An examination of the history of child welfare policy and practice indicates that racial disparities within the child protection system can be attributed to longstanding institutionalized racism and discrimination toward families of color. As this data doesnt necessarily distinguish between those that received a Blind Removal meeting and those that didnt (although Nassau County indicates that 70-90% of children considered for removal receive a Blind Removal meeting), further analysis will be helpful to clarify how the blinding process may have impacted the reduction specifically. 0000470160 00000 n inflicts by act or omission physical injury, excluding minor injury, by other than accidental means; impaired as a result of the failure of the childs parent or other person legally responsible, in supplying the child with adequate food,clothing,shelter,education in accordance with Part I of A child died and Child Protective Services (CPS) was involved. 0000015634 00000 n 0000466066 00000 n Child Neglect and Abuse: How Does It Affect Child Removal? 0000015237 00000 n 0000008531 00000 n The toolkit contains information about the countys experience, as well as an organizational readiness assessment tool and step-by-step implementation guidance. Removal with a court order : DFPS can request that a court sign an order to remove a child from the parents in an ex parte hearing without the parents present. Offices for Child Protective Services exist in all counties of New York as well as other states. What is the Legal Definition of Child Abuse and Neglect? 0000006991 00000 n 0000464508 00000 n coordinating, providing, or arranging for and monitoring the provision of those services necessary Before the dispositional hearing, if the child has not already been removed from the home and the court finds that removal would be best for the child, the child will be removed and "remanded" to the agency's custody. What Questions Should I Ask? While CPS and authorities will not inform the parent who the reporter is. 0000466437 00000 n Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALMs deep bench of proprietary information to provide insights that cant be found anywhere else. 0000014960 00000 n 0 0000018480 00000 n 0000473525 00000 n 0000465746 00000 n 0000018794 00000 n hide indicators of abuse, failure to thrive (physically or emotionally). 0000464016 00000 n 6 Pryce, J., Lee, W., Crowe, E., Park, D., McCarthy, M., & Owens, G. (2018). 4 0 obj Where Can I Get Materials I Can Use to Help Families? It is unlawful to remove a child if CPS fails to meet these requirements. The court must pre-schedule all permanency hearings. a physician's, physician's assistant's or nurse practitioner's prescription. All of these programs stem from the Child Abuse Prevention and Treatment Act, which the federal legislature passed in 1974. Additionally, the commissioner, directors, supervisors, and caseworkers from Nassau County reported that the blind removal process and related trainings have increased staff awareness of institutionalized racism and implicit bias, and reinforced the values of self-examination and cultural diversity. In Nassau County specifically, Black children were 15 times more likely to be placed in out-of-home care than their white peers. 0000467011 00000 n uqb'r8dBr(U$dIyc31JxIj\9O xtAl0>+FuhOD>'`yHOg]GE_TVVl98Gt!z18z/ ^f6. ! There are no filing fees in Family Court. Child physical abuse occurs when a parent or caretaker inflicts or allows . 0000471380 00000 n Possible dispositions include: releasing the child to the parents or guardian, on the condition that they not commit further neglectful or abusive acts; or, releasing the child to the parents or guardian, with supervision and services provided by child-protective agencies; or, placing the child in foster care for a period of time, while services are provided to the parents to allow for a possible return of the child at a future date; or, final order of protection (may be until childs 18th birthday); or. The court then holds hearings to decide if the allegations are true and if so, what action the court should take to protect the child. Access to additional free ALM publications, 1 free article* across the ALM subscription network every 30 days, Exclusive discounts on ALM events and publications. Child Abuse. (c)commits or allows to be committed a sex offense against the child, as defined in the penal law;allows, Have their case investigated and substantiated. hbbd``b`$V > $X@ V 0000027517 00000 n 2 Boyd, R. (2014). 0000469428 00000 n 0000471214 00000 n 0000017162 00000 n The statewide, toll free number is: 1-800-342-3720. What are My Agencys Policies and Procedures for Reporting Child Abuse & Neglect? <> CPS needs this information in order to register a report. maltreatment including any evidence of prior injuries, abuse or maltreatment; the name of the person or persons allegedly responsible forcausing,allowing,or inflicting any injuries, 0000474706 00000 n Continuum of Families Needing Primary and Secondary Prevention Services, How Big a Problem is Child Abuse in Monroe County? It is important to note that anything said to a case worker can be evidence in a court of law. 0000472731 00000 n inform the Family Court and make a report pursuant to the Child Protective Services Act as soon <>/Metadata 351 0 R/ViewerPreferences 352 0 R>> pursuant to law arising from abuse or neglect of a child in residential care and such failure results in 3 0 obj What Does CPS Do After I Report? <<02B4E7D4085BE54A82E80DD356ADF2ED>]>> 0000467581 00000 n waoEuqA?.*SIUd gzeCd(vBo/|RCiEuW?2Fp3-GOl=Ke"bf&A \4B}8K=F` l@1nUf*r@HO}S,m3?vePn)(;V3}x NF[;XK|ZY&M~`*V>rZ8v5'n Brn+k kKjF5+0%,Wh#,Kl~X*4If^%u>",(8R*39~skxpXA8 D=|04H&fP l='\@EkIJ~G*|UjN. Todos los derechos reservados. 0000476007 00000 n xref peace officers, law enforcement officials, agents of duly incorporated Societies for the Prevention of Does contact with child protective services vary by race/ethnicity and county? 0000466492 00000 n Blind removal toolkit. corroboration requirements contained in the penal law regarding the sections cited above and the age How Can I Help Parents Cope with Family Stress to Prevent Child Abuse & Neglect BEFORE it Happens? 0000019315 00000 n 0000002556 00000 n 0000029751 00000 n This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. 0000013245 00000 n 0000475560 00000 n What Happens after the Fact-finding Hearing? While racial disparity continues to exist and removals are still disproportionately high for Black children in Nassau County, progress has been made across the county. 0000473815 00000 n What Are the Indicators of Possible Child Abuse and Neglect? 0000013446 00000 n 0000478142 00000 n 0000014336 00000 n Copyright 2023 ALM Global, LLC. Retrieved from https://www.researchgate.net/publication/333331750_An_Evaluation_of_Implicit_Bias_Training_in_Graduate_Medical_Education 0 0000475917 00000 n With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. If one suspects a case of child abuse around them, they may report it to CPS NY at 1-800-342-3720. 0000019905 00000 n 0000477140 00000 n only one side of face), clustered, forming patterns reflecting article shape, Evidence of human bite (compresses rather than tears), regularly appearing after absence, weekend, vacation, cigar, cigarette, esp.on soles, palms, back, buttocks, scalding water immersion(sock-like, glove-like, doughnut shaped on buttocks or genitalia). 0000017908 00000 n Mandated reporters may request the address of the investigative district from the SCRs child protective specialist at the time of the oral report to the SCR. 0000474520 00000 n 0000007036 00000 n life, whenever appropriate. Child Protective Services Supervisors Are Targets in Child Removal Lawsuits. A., Nelson, S. C., Nezhad, S. J., & Prasad, S. (2019). Defense attorneys see waves of discretionary decisions that had to be made. Family Services CPS provides families a variety of services to strengthen families so children can stay safe at home with their parents. 0000003177 00000 n 0000479593 00000 n 0000112115 00000 n Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! 0000470994 00000 n 0000479327 00000 n It offers an overview of CAPTA programs, adoption opportunities, and the Abandoned Infants Assistance Act. 0000475614 00000 n 0000470073 00000 n 0000117498 00000 n At the fact-finding hearing, the child-protective agency may present hospital and agency records, photographs and other evidence of neglect or abuse, and may produce witnesses. 0000121832 00000 n repeatedly misused a drug (or drugs) or an alcoholic beverage (or beverages) to the extent that he or she loses Although the number of Black children entering care has declined over the past decade, the rate remains much higher than white children. A perpetrator (subject of the report) is the person who the mandated reporter suspects has committed an act of child abuse or neglect. How does implicit bias by physicians affect patients health care? What Situations Commonly Frustrate Mandated Reporters and CPS, Screening Questions for Routine Intake Assessment, Targeted Questions When You See An Indicator, Checklist of Possible Indicators of Abuse and Neglect. At the time the grant was awarded, Black children in the state of New York were 2.2 times more likely to be the subject of a report of maltreatment, 2.3 times more likely to have a substantiated case of abuse and/or neglect, 3.6 times more likely to be removed from their home, and 4 times more likely be in foster care, when compared to white children. Onondaga County and Monroe County each have a telephone hotline number as well for receiving reports of child abuse and maltreatment. 0000476179 00000 n If you are a parent and your child was removed from the home because of child abuse or neglect, this page is for you. Implicit bias training in residency program: Aiming for enduring effects. (2019). They also aim to provide services that prevent family separations in some instances. Learn about Sacramentos community-driven approach to reducing preventable deaths among Black children. 0000472948 00000 n by misusing a drug or drugs; or by misusing alcoholic beverages to the extent that the parent or other person 0000477976 00000 n New York Question Answer Who is required to report? In response to the troubling data, child welfare staff in Nassau County decided to focus the grant on the removal of children. If the parent cannot afford legal representation, the court will assign one to them. Do the Parents Need Lawyers to Represent Them? made, the right of the parent or other person legally responsible for the childs care to be present at 0000465253 00000 n seductive or promiscuous behavior, extreme fear of being touched; unwilling to Retrieved from https://www.apa.org/monitor/2019/03/ce-corner Another agency involved with child services is the New York Administration for Childrens Services. Each respondent must have a separate attorney. ACS is required by law to send notice and a sworn permanency hearing report, 14 days prior to the hearing, to the parties and their attorneys , Attorney for Child, agency, relatives caring for the child and pre-adoptive parents. 0000476093 00000 n 0000475504 00000 n 0000468586 00000 n counsel and of the procedures for obtaining counsel, if indigent; and. To view this content, please continue to their sites. for the childs care of the right to apply to the Family Court for the return of the child and of the right there is not enough time to file a case in Family Court. 0000470191 00000 n Cruelty to Children, designated employees of city or county department of social services, and 0000470746 00000 n 74 345 When it appears that a child less than eighteen (18) years of age has been abused or neglected or is in danger of being abused or neglected, a petition may be filed by a child-protective agency asking the Family Court to assist in protecting the child. The court holds a "fact-finding hearing" to decide whether the child has been neglected or abused and a "dispositional hearing" to decide what should be done if the court finds that the child has been neglected or abused. 0000467893 00000 n 74 0 obj <> endobj If a CPS caseworker took your child away on the weekend, they will most likely notify you on Monday. If the court finds that the allegations have not been proven: the court will dismiss the petition and return the child to his or her home. Each CPS is required to investigate child abuse and maltreatment reports, to protect children (anyone under 18 years old) from further abuse or maltreatment, and to provide rehabilitative services to children, parents, and other family members involved. 0000473277 00000 n 0000006704 00000 n Provide a reason to prove that a child is in imminent danger. 0000036707 00000 n ), conduct disorders (antisocial, destructive, etc. 0000480222 00000 n 0000036067 00000 n do so or offered financial or other reasonable means to do so; or, in providing the child with proper supervision or guardianship, by unreasonably inflicting or allowing duly authorized agency, a peace officer, police officer, or authorized agent to apply for an order of temporary 5 Sherman, M. D., Ricco, J. Did that failure cause harm or impairment to the child, or create an imminent danger of harm or impairment. 0000470498 00000 n the parent or other person legally responsible for the childs care presents an. Race equity: Nassau and Onondaga County: Report. 0000467281 00000 n 0000470932 00000 n These include: If the perpetrator (subject of the report) is not a person who is legally responsible for the child and the circumstances may constitute a crime or a threat to the health or safety of the child, Hotline staff will contact the appropriate law enforcement agency and may ask you to do the same. Blind removal toolkit. Presents the Child Abuse Prevention and Treatment Act (CAPTA), which provides guidance to States about child protection, as amended by Justice for Victims of Trafficking Act of 2015 and the Comprehensive Addiction and Recovery Act of 2016. 0000464929 00000 n 7 Content of brief largely based on interviews with leaders from the New York State Office of Children and Family Services and Nassau County Health and Human Services on April 17, 2020. This brief was updated on April 8, 2021, to address the interpretation of a data point regarding the proportion of reduction in removals. or, fails to comply with a rule or regulation involving care, services or supervision of a child promulgated SCR staff relay information from the calls to the local CPS for investigation, monitors their prompt response, and identifies whether there are prior child abuse or maltreatment reports. CPS Guidelines For Child Removal In New Jersey The State of New Jersey's public policy considers a child's safety and health of utmost concern. 0000016719 00000 n 0000005918 00000 n % \d!iPY?s qd>Lb i5W+;!u-eik^$Yq5K c?]+VUvBV!2ea RN.VU7t|$4AM$\psLC$wY@rgYb 2RI?on,#x?;m/G$F,_Yql('r` "Y"R.3^d]R,HfnGAuf)RtGxK:**C gQ]&'ypdRz MFl9n;Nlt+:0%_^yO$=hO5xb 0000474892 00000 n 0000474145 00000 n the application and at any hearing held regarding the order as well as the right to be represented by 0000465310 00000 n or. 2 0 obj 0000474467 00000 n An attorney is also assigned to represent the child; this attorney is called the "Attorney for Child.". 0000112209 00000 n Data from the Adoption and Foster Care Analysis and Reporting System analyzed by Casey Family Programs staff, August 2020. 0000477507 00000 n Where Can I Find More Information About Child Advocacy Groups? name and address of the childs parents, or other persons legally responsible for the child, if known; the nature and extent of the child s injuries (or, as the case may be, the childs siblings), abuse,or What Happens to Children Who Experience or Witness Violence and Abuse?

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cps guidelines for child removal new york

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