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The purpose of this Local Commissioners Memorandum (LCM) is to provide guidance to Child Protective Services (CPS) staff regarding the investigation and determination of CPS reports, including fatality reports, which involve activities that are also subject to regulation or oversight by government agencies outside of the child welfare system. This LCM will examine the implications of such regulation or oversight when applying the statutory standards for abuse and maltreatment under the Social Services Law (SSL) and the Family Court Act (FCA). In regard to the investigation and determination of CPS reports involving allegations of maltreatment, the LCM will focus on the issue of whether the subject of the report failed to exercise a minimum degree of care and, in so doing, whether the child was impaired or placed in imminent danger of impairment.
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