Friday, November 14, 2014

Your DWI and CPS (New York Child Protective Services)?

Charged with DUI and CHILD NEGLECT

In NYS the majority of DWIs reported to CPS (child protective services) come from law enforcement following an arrest of a parent for an aggravated DWI. I have even seen people use the DWI charges against one another in child custody cases.

Who usually reports you to CPS for your DWI and when?

Aggravated DWI as a felony occurs when a person drives drunk, high, impaired, intoxicated with a passenger under 16 in the car. I have seen these filed with people under the influence of prescription medication, marijuana, alcohol, and even OTC cough medicine.

But there are a great many other professionals besides the police that can report your regular (non-aggravated) New York DWI/DUI/DWAI drugs to CPS and thereby launch an investigation into your parenting abilities. It doesn't have to be a felony, or a blood or breath test DWI, it could be a common law DWI (no blood or breath test) DWI that gets you reported.

If the professional person believes that there is an issue. If they think that You have a problem with drugs/alcohol/substance abuse (and the list of substances is quite extensive) then they can report you.

This can occur one of two ways:

They see or hear of the CHILD.

A child is before them in their professional or official capacity AND is an abused or maltreated or neglected child. 


They see or hear of the PARENT.

There is reasonable cause (belief) to suspect that a child is abused or maltreated when a parent, legal guardian, custodian or person legally responsible (parent/guardian/custodian) for the child’s care comes before them in their official or professional capacity and states facts, conditions or circumstances which if true would constitute abuse or maltreatment. 

Hence the DWI charges, impaired drugs driving charges, blood tests, breath tests, and police reports which support those allegations come to light. 

Those Professionals Required to Report2

The following list of NEW YORK STATE professional persons and officials who are by LAW required to report  
  • Physicians
  • Surgeons
  • Medical Examiners
  • Coroners
  • Dentists
  • Dental Hygienists
  • Osteopaths
  • Optometrists
  • Chiropractors
  • Podiatrists
  • Residents
  • Interns
  • Psychologists
  • Registered Nurses
  • Hospital Personnel Engaged in the Admission, Examination, Care, or Treatment of Persons
  • Christian Science Practitioners
  • School Officials
  • Social Services Workers
  • Day Care Center Workers
  • Providers of Family or Group Family Day Care
  • Employees in Residential Care Facilities
  • Volunteers in Residential Care Facilities
  • Any Other Child Care Worker
  • Foster Care Workers
  • Mental Health Professionals
  • Peace Officers, Police Officers or Other Law Enforcement Officials
  • District Attorneys, Assistant District Attorneys or Investigators Employed in the Office of a District Attorney
  • Substance Abuse Counselors
  • Alcoholism Counselors
  • Physician Assistants

 That is a very extensive list of people that you may come in contact with following your DWI/DWAI drugs charges who could cause an investigation into your parenting and child care.

Always remember to consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.

Reviews of Larry Newman:

Chosen as a 2013 Rising Star in DWI/DUI in Upstate New York by Super Lawyers

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