Clayman Rosenberg Kirshner & Linder LLP partner John Spagna secured the reversal of an Administration for Children’s Services (ACS) report against a client that alleged sexual abuse and maltreatment of a child. Spagna presented evidence that led the New York State Office of Children and Family Services (OCFS) to change the report’s determination from substantiated to “unfounded” and to seal the record.

The client had cooperated with the original ACS investigation before consulting counsel, hoping to clear her name. Instead, the incomplete investigation ended in a substantiated (founded) report.

After the client retained CRKL, Spagna ran an independent investigation. He interviewed witnesses, including therapists and pediatricians, and did background research. He then presented that evidence to OCFS in several written submissions. Those submissions alone led to the amended finding, which spared the client the cost and strain of testifying at an administrative hearing.

“A substantiated ACS report can hurt a person’s employment prospects, lead to further investigation by law enforcement and give an opposing party leverage in a custody proceeding,” Spagna said. “Anyone who is the subject of an ACS investigation should retain experienced counsel immediately, because the consequences of delay can be permanent.”

Spagna focuses his practice on regulatory enforcement, white-collar defense and internal investigations. He also has an active family law practice handling complex custody matters, often for clients denied custody because of false allegations. He previously served as Special Counsel to the Criminal Division of the New York State Attorney General’s Office.