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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 110573
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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If I was a nanny 6+ months ago and CPS recieved an

Customer Question

If I was a nanny 6+ months ago and CPS recieved an "anonymous call" which I am fairly certain was from a person I got a restraining order against just days before. (I live in NY and that person lives in michigan)
If new York CPS asked for a drug test even though I was not in the care of any children at the time but, I tested positive. Do they have grounds to put me on the abuse/maltreatment list? How can I fight this?
Submitted: 3 months ago.
Category: Family Law
Expert:  P. Simmons replied 3 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma. But not sure I understand your specific question. You tested positive for illegal drug use and want to know if NY CPS can broadcast this to others??

Customer: replied 3 months ago.
They are saying I am now on the child abuse and maltreatment registry. Basically keeping me from caring for children/ minors. At the time they asked for the drug test, I was not caring for any minors. So I don't know that they can put me on that can they? I wanted to be compliant so I took the test.
Expert:  P. Simmons replied 3 months ago.

Thank you

And sorry for the delay

If you screen positive for illegal drugs, they (CPS) can report this.
The fact you did not know this was a potential result is not relevant.
Now...if they lie about you? Say they claim something not true? You could sue them for defamation and seek a court order to force them to stop

But if the information they are providing his accurate? They can continue to provide the information

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that they can not report you, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 3 months ago.
I understand testing positive is an issue. BUT, saying I was abusing or maltreatment children and putting me on abuse/ maltreatment registry doesn't seem correct of I was not caring for minors.
Is there anything I can do about this. Someone I know said that I may be able to have that expunged. But if I was not caring for children wouldn't that be lying by saying I was abusing or maltreatment children?
Expert:  P. Simmons replied 3 months ago.


Again, if they are providing false information? You can sue to correct this.

So part of this depends on what, exactly, they are sharing with the public

If they are claiming that they have evidence you were high while watching kids and that is not true?

You could sue them to have them stop

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 3 months ago.
Can theu really investigate someone that isn't caring for children though?Also, what if the information they were given was false information to start with?In addition I can't get the office to give me any copies of the reports. They are making me jump through hoops. Telling me I have to contact the Albany, NY office.
Expert:  P. Simmons replied 3 months ago.

Sorry...perhaps I am missing something...why did you consent to testing if you were not woking as a care provider??

Customer: replied 3 months ago.
I thought I had to because I had watched the children in the past. I wasn't sure what to do.
Customer: replied 3 months ago.
Your not missing anything. It's pretty cut and dry. I didn't know that I could decline testing. I was worried about what would happen if I didn't test. They told me I had to.
So what are my rights in regards ***** *****?
If I wasn't caring for minors at the time, they I guess would have had no ground to test. How can I dispute this?
The case worker is giving me a hard time, doesn't want to answer any questions, they won't provide me the report and I can't even get anyone on. The phone at this point. The case worker is plain rude when I do get through and won't do anything.
I don't know what to do. What steps do I need to take to fight this?
If they are saying I was neglecting children then how can I file a suit against them?
The Family Court people are not helpful either.
I can't afford an attorney, I have no employment at this time and can't even go back to my nanny job now because of this. The lady won't talk to me or even give me my last paycheck because she doesn't want to be involved.
What are the steps I need to take???
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
Unfortunately, you have a major issue because under NY law there is no procedure to remove anything but a false report from the abuse list. They lump all persons who have committed some type of violation involving children or child care onto the same list I am afraid and ONLY the Director of Family Services has the power to remove a name upon proof it was falsely reported to the list. So, in order to fight this you have to appeal to the director of family services and you need to explain you were unemployed and not caring for any children during the time period you were tested and were not even employed to care for children during the time of the testing. You would need to ask the director to remove your name from the list on the basis that no children were remotely involved in this situation.
That is the only recourse you have left in this type of case is appealing to the Director of Family Services.

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