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Attorney Communication with DSS

By Jerome A. Wisselman and Lisa M. Gregg
April 29, 2013

Custody proceedings in the Family Court are governed generally by Article 6 of the Family Court Act. In an Article 6 proceeding, a court may direct a “court-ordered investigation” (often referred to as a COI) to be conducted by the local department of social services (DSS) or child protective services (CPS). The purpose of this investigation is broad and includes the gathering of information concerning the home and background of the parties and the children, and about allegations made against either party as to abuse or neglect of the children. A caseworker “investigator” is assigned, who will then visit the parties' homes and interview them, the children and any other relevant people, in accordance with the type of allegations or issues in the particular case. The caseworker will issue a written report, and often times progress notes, which are sent directly to the court, setting forth the results of the investigation.

In theory, such independent investigations by a DSS caseworker can be extremely helpful in gathering facts in what are, often times, hotly contested custody proceedings. But, what if there are problematic issues with DSS's investigation, or with the caseworker assigned by DSS? And when and how, if at all, may a party's attorney contact DSS about those problems?

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