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Can I fight a preventive service investigation

Q: I have a 7 year old austitic son who has seizures he lives with his mother one night she didn’t give him the medication because the doctor told her if it made him to hyper active to take him off ( or so she assumed) a he had a seizure the hospital called acs and they came to her home to evaluate and we told that they saw nothing wrong and it shouldn’t last past 2 months after they we may have seen that worker 2 more times and that was it now 7 months later their back saying we have a preventional service case now their at my son’s school unannounced and saying we are still being monitored I just want them out of our lives when she came seven months two visits later she is saying we had a status of indicated because my son’s mother told them the truth about what happened now we are being hounded for a honest mistake because he is a special needs child and she is bi polar and skitzophenic

A: David’s Answer: You should have received a determination letter from them confirming they “indicated” the report. If you didn’t, insist on same – in writing if need be. Next, unless a Family Court Judge orders it, your compliance with their recommended services & monitoring is voluntary. Thus, the mother has every right to tell them to buzz off. That said, before she does so, it’s recommended she schedule a consult with a Bronx Child Abuse defense attorney for a full assessment.

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