Updates & Publications

Update re: Child Protective Services (CPS) Interviews in School

Posted by Gregory J. Guercio | May 04, 2016 | 0 Comments

The New York State Education Department (SED) and the New York State Office of Children and Family Services (OCFS) recently issued guidance addressing schools' obligations to cooperate in CPS investigations in light of a 2015 decision from the U.S. District Court for the Southern District of New York in Phillips v. County of Orange, which analyzed potential liability for a school district for its role in facilitating a CPS interview of a student at school which was determined to be an unreasonable seizure under the Fourth Amendment. Clients can access our client memorandum for a more detailed analysis of schools' obligations under the law as it currently stands and for question-and-answer guidance through the Client Portal.

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