(Published in the Spring/Summer of 2008 Newsletter)
Over the past few years, we have seen more and more children taken from their homes by a state agency known as "Children and Youth Services (CYS)." Many times this is prompted by simple spanking activity which, in turn, causes parents and guardians to ask whether spanking is even legal in Pennsylvania. The answer is that corporal punishment/spanking is legal when properly administered. Our courts have found to be acceptable, corporal punishment that does not cause any kind of long term injury and that is administered by a parent. A rough rule of thumb is that if the spanking produces welts or marks that last more than 24 hours, the spanking may have crossed the line and no longer be appropriate. The real question, then, is how can one avoid turning this otherwise legal activity into a nightmare that results in your child or children being removed from your home? And make no mistake, children can and are routinely removed by CYS from homes without notice based on a "reasonable suspicion."
Normally, the process starts by CYS contacting the parent or guardian and asking them to come into their office to tell "their side of the story." If that happens to you, what would you say and do? Many will give a statement thinking, they have nothing to hide. Speaking to CYS without the advice of an attorney however, as we have seen many times, is a serious error. While CYS may lead you to believe they are only searching for the truth, we have found that many times they are using information you provide to build a case against you. If that happens, they will issue an "indicated report" and work to have you "Child Lined" for life. Being Child Lined means, not only will your kids be taken away and placed elsewhere, but you will be prohibited form working with or around children as well.
If CYS accuses you of neglecting or abusing your children, what should you do? First, you should say nothing other than that you are going to get an attorney. Second, you should contact an attorney who has handled such matters. That attorney may well have you speak to CYS with the attorney present, or the attorney may instruct you not to say anything at all - it all depends on the facts of each case. We have handled these types of cases, including expungement of record proceedings, at all levels. Call us today for help or with any questions you may have, TOLL FREE at 1-866-464-5297.
Menges & McLaughlin, P.C.
www.YourLawFirmForLife.com
NOTE: The contents of this Newsletter are not intended to be, nor should they be taken as, specific legal advice as each situation is different. Please contact a lawyer with any questions you may have.
The Family Law attorneys at Menges & McLaughlin, P.C. can help. Contact us now by calling, toll free, 1-866-464-5297.
