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CAN I RECORD THE ACS WORKER?

This is a common question asked by parents. New York law allows you to record your own telephone conversation as long as both parties are in New York. You can also record in person conversations in most states. We find this to be an effective tool in dealing with ACS workers. It is also effective if you tell the ACS worker that you are recording her. Most ACS workers will demand that you turn off the recorder. Stand up for your rights and do not speak to an ACS worker without an attorney. 

SHOULD I SIGN THE HIPPA FORM?

ACS workers will always ask parents to sign a HIPPA form. This allows the ACS worker to obtain your child's medical records. We are often asked by parents if they should sign one. We always advise parents not to sign the HIPPA form. The reason ACS workers want to access the medical records is to dig through them and try to blame the parents for a child's medical condition. This is a common tactic in ACS investigations. If an ACS worker asks you to sign the form, politely decline and advise you will be seeking the advice of an attorney.

WHAT IS THE TRAINING THAT ACS WORKERS RECEIVE? WHAT IS THEIR EXPERIENCE.

The dismal truth is that ACS workers receive virtually no training in doing what can be argued is the most important job the state can do- the protection of children. ACS has a long and horrific history of children dying under their supervision. The city of New York is so desperate to have ACS staffed that they will hire almost anyone that can meet the most minimal credentials. As a whole ACS workers are abusive arrogant and very poorly trained. The main concern of an ACS worker is to check the boxes and make it appear as though they are helping families in need. However, to truly help a struggling family requires very difficult work. This is not work that ACS workers are willing to engage in. They have failed the children of New York many times. One need to just look at the Nixmarry Brown case as an example of how dysfunctional this agency is.  So if ACS contacts you, stand up for your right and fight back against their lies and manipulation.

WHY DO MY CHILDREN HAVE THEIR OWN LAWYER

Many parents often ask why are the children assigned their own lawyer in court. New York State law allows the judge to appoint a lawyer to protect the child's interest. It is important as the parent to form a good relationship with your child's lawyer. The judge will ask the judge the law guardian what their opinion is before making a ruling. While the ACS lawyers are in court to simply attack the parents as much as possible, the child's lawyer will often be more fair and will often side with the parent against ACS. The dysfunction if ACS does not usually affect the law guardians. The only agenda the ACS lawyers have is to attack the parents as much as possible and use every legal issue to make sure the parents are punished as much as possibl

THE ACS PETITION

ACS files what is called a petition. it is basically a complaint telling the court that a parent has neglected or abused their child in some way. Most parents are often shocked at the allegations that an ACS worker will throw at them. These petitions are often at odds with the truth.Thus, the vast majority of ACS investigations are quick interviews of the parent that are not recorded in any way, and are done in a way for the ACS worker to try and find something wrong with the family. This speaks to the great dysfunction that has a hold of this agency. Until, ACS properly pays, trains and supports its workers, children in need will continue to die and innocent parents will be hauled before judges to prove themselves innocent. The entire ACS system is designed to protect the jobs and livelihood of the ACS workers and their bosses. The health of the children of New York City is a distant second.

THE FAMILY SAFETY CONFERENCE

ACS workers will often demand that parents attend a family safety conference. This is where the ACS worker and their supervisor try to convince the parents that they need ACS classes and programs to be better parents. If the parents refuse, the ACS worker will threaten them with the removal of the children and court action. The most important point of a family safety conference is that attorneys are NOT  allowed. This allows the ACS worker to bully the parents into taking the ACS services.  It is a stressful trap that ACS workers set up for parents into beating them into submission. Stand up for your rights and demand an attorney.

THE ACS PROGRAM TRAP

ACS workers demand that parents enter preventative services. These are usually parenting classes that are useless other than to pad the ACS budget. What parents are not told about these programs is that they are often over a year long and are not in control of ACS . They are third party contracts that are paid by ACS or the parent and no one has any control over them. Once a parent enters the program they are locked in and risk being accused of non-compliance.

THE LUNACY OF OCFS HEARINGS

To the causal observer, a hearing at the Offices of Children and Family Services yo place a parent on the maltreatment list would be shocking. Hearsay is allowed, baseless allegations thrown around and "judges" who issue verdicts based on thin evidence. The OCFS does hundreds of hearings a year and parents who work in medical of child care fields risk losing their jobs. This is an unnecessary office that should be dismantled. These hearings determine if a charge of child negelect will remain in the state registry for outside agencies to view in the future. It is very dangerous to have your name listed with this agency. Potential employers may view this registry and decide against hiring someone who's name is in it. There are certain government positions that do not allow for job applicants to have prior charges of child abuse.

THE MOST COMMON ACS WORKER ABUSES AGAINST PARENTS

ACS workers abuse the families they investigate in many ways. The include: - Lie about the conditions of the child - Lie about the condition of the home - Attack the parents by being rude and bullying parents into parenting programs. - Base theis petition to the court on false evidence. - Make surprise visits to the hom late at night - Pull children out of the class to speak to them - Place chidlren in several different foster homes because of their mismanagement. - Allow chidlren to be abused. If you have been abused by ACS, contact us at 917-519-8417 and we will end the abuse.

WILL ACS GO TO COURT?

We are often asked if ACS will take our clients to court. This depends on several factors. The most important one is how long the parents have cooperated with ACS. The longer parents have cooperated with ACS, the higher the probability is that ACS will file w case agains the parents. Once a case is filed, ACS will ask the judge to do certain things. This can include the removal of the children. It is very important to have legal advice at this point. Otherwise ACS will simply force the parents into doing things they do not legally have to do.

FALSE ACS CHARGES

In the words of one ACS workers " There is no penalty for wrongfully removing a child from the home". If you are an ACS worker and receive a complaint about a child being abused you have two options. First, you could conduct a full investigation and actually determine if a child is being abused or you can speak to the parent for 10 minutes, determine that the child is abused and demand that the parent enter parenting classes. The second option is obviously easier. It is much easier for an ACS worker to explain to their supervisors that they have found an abused child than it is to document and explain why the child is not abused. It is also less risky. If an ACS worker reports that a child is not abused, they are essentially stating that the family is a healthy unit. This simply takes too much work. Thus, the vast majority of ACS investigations are quick interviews of the parent that are not recorded in any way, and are done in a way for the ACS worker to try and find

HOW ARE ACS WORKERS TRAINED?

The answer to this question appears to be very little. ACS workers receive very little training once they are hired. Many of them are recent college graduates and have no real work experience. They are also extremely difficult to deal with and accuse parents without any evidence.

WE NEED JURIES IN FAMILY COURT ACS CASES

In New York, if you are charged with a crime, the state has to prove to a jury that you are guilty. If you sue someone for injuries or a broken contract, a jury decides who wins. Why are juries so central to our system of government? The answer is very simple. Unlike judges, juries answer to no one. Juries don't have to explain their decision or worry about what their boss is going to think of the verdict. Once a trial is over, jurors simply walk out and go on with their lives. This is not true in family court ACS cases.  If the state wants to remove a child from a parent all they have to do is convince a judge. Why are juries not able to decide if a parent is a good parent or not? There is no answer. Juries act as an antiseptic to the legal system. They have nothing to gain or lose from a verdict. They are not perfect but much better than the current system. Let the community judge what is a good or bad parent.

WHY AM I BEING VISITED BY DIFFERENT ACS WORKERS?

Our clients are often shocked at how many ACS workers visit their home. The reason for this is actually very simple. In Manhattan, there are not enough ACS cases to keep the ACS workers employed. This, ACS workers must " share" cases in order to make it appear as if they are actually accomplishing something. We must remember that ACS workers are mostly concerned about keeping their overpaid position and accusing as many parents of misconduct as possible. The health of the children is really a distant second. This is a rouge agency that is accountable to no one. ACS workers routinely lie in court and court filings and no one will stop them. The only weapon that a parent has is to obtain an attorney as soon as possible and not speak to ACS workers at all.

WHAT CAN I DO ABOUT REPEATED FALSE ACS CHARGES?

Because it is so easy to file charges against anyone, and because ACS is so dysfunctional, many people are faced with false charges again and again. These may come from an angry ex-spouse or a school official trying to cover up their own wrong doing. We are often asked what can be done about this. We advise clients to document every single instance and let the ACS officials know exactly who is doing this to them. The ACS worker will often be indifferent. The goal of an ACS worker is to file charges against parents and get them into programs. You can also file charges at your local district attorney's office. Filing a false claim is a crime and can be prosecuted. You can learn more here.

WHAT IS A FAMILY SAFETY CONFERENCE

Once ACS has determined that a family is in need of their services, they will hold what is called a Family Safety Confernce. At this meeting the ACS worker and supervisor will tell the parents that they are not capable parents and need to take the services that ACS is offering. It is also at this meeting that the parents will be threatened with court action. It is imperative that the parents obtain an attorney at this point. ACS does not allow attorneys to attend this hearing so an attorney cannot advise the parents at the hearing. Parents should never attend the hearing. This is simply a time where ACS will attack the parent. Stand on your rights and obtain an attorney as fast as possible.

THE SURPRISE ACS VISIT

ACS workers have a system where they try and surprise parents with visits at all times of the night and day. They even ask to see the children in the middle of the night. We must understand that these visits are designed to rattle the parent and keep them off Balance. Often the ACS worker is looking for something to attack the parent with. The visits are designed in a way to make the parent fee uncomfortable and make the ACS worker's job easier. Remember the goal of ACS is to keep their jobs and keep the money flowing. Remember to stand up for your rights and request to speak to an attorney.

WHAT HAPPENS AT THE ACS MEETINGS?

ACS regularly asks parents to attend what are called family safety conferences. If you are asked to go, DO NOT ATTEND. Typically what happens is an ACS worker and her supervisor will blame the parent and attack him for anything they can conjure up. Then they come up with a safety plan. Almost always they demand that the parent attend services. If you do not follow their demands, the ACS workers will threaten you with court action. Stand on your rights and speak to an attorney before any meeting with ACS.

HOW ACS VIOLATES THE RIGHT TO COUNSEL

The right to an attorney is embedded in our constitution both state and federal. In fact, New York law protects this right even more strongly than federal law. Federal law only sets a floor for constitutional rights, states can give more rights if they want to. Thus, a person represented by an attorney may not be questioned by anyone without his attorney present. ACS workers believe that this does not apply to them. Countless times our office is told by ACS workers that the client must speak to them and it does not matter that they have an attorney. We do not know where this thinking comes from but it is wrong and cannot be allowed to cintinue. You will hear from an ACS worker that "we don't talk to lawyers." This is correct, acs workers do not speak to attorneys. So why should a client represented by an attorney speak to an ACS worker? The reason is that ACS workers want to try and find something negative about the parents that they can then turn around and use again

HOW ACS USES THE NYPD

   The NYPD has a special ACS Unit. These officers are used by ACS to do the dirty work. The officers will forcibly remove children, transport children around and try to get parents to open the door if the parent refuses to let the ACS worker in. This is one of the main tactics that ACS uses. If a parent refuses to let them in, the ACS worker will call the NYPD. The officers then try to convince the parent to open the door. This is done either by intimidation or by assuring the parent that this will be a quick visit. Understandibly, most parents become frightened by the presence of police and allow the ACS worker in the home. Once the worker is in the home, the ACS can start its campaign against the parent. It is crucial to remember that the ACS worker will demand entry into your home based on a completely anonymous call to a hot-line. It is best to stand on your rights and contact an attorney http://www.brooklynacslawyer.com

ACS JUST TOLD ME TO TAKE A DRUG TEST, SHOULD I?

In cases where the parent has been accused of drug use, the ACS worker will come in and demand that the parent take a drug test. The ACS worker will threaten to take the parent to court if they don't "cooperate". Everything an ACS worker does is based on fear and intimidation of the parent. We always advise clients never to take an ACS drug test. This will give ACS access to your medical records. A parent can instead go to a private provider and take a test if they feel necessary to prove themselves innocent. The ACS worker will threaten you and your family in many different ways. They will accuse you of "hiding" the truth. These tactics can be stopped by simply stating that you are going to speak to an attorney. Do not let ACS intimidate you.

WILL I GET A FREE LAWYER AT COURT?

If ACS files a case agains you in Family Court, the judge will assign you a free lawyer called an 18b lawyer. These are lawyers that are paid by the city to represent parents in ACS cases. They will appear in court with you and defend you against the charges. Many of them are excellent. The main complain from many of their clients is that they do not have enough time to prepare their case. There attorneys often carry high caseloads and are doing the best they can.

WHY DOES ACS GO TO MY CHILD'S SCHOOL?

Often ACS workers want to question children without their parents present. The best way to do this is to go to the child's school and pull him or her out of class. This is incredibly disruptive to the child's day of learning. As a parent you must object to all school officials and make your objection known to everyone. ACS workers to this in order to manipulate the children into saying things that are not true. As a parent you must object in every way.

WHAT EVIDENCE WILL ACS USE AGAINST ME?

We are often asked what does ACS have against me in court? The simple answer is anything that they can get their hands on. One of the most important things they try to use is your statements, wether you said them or not. ACS is infamous for lying about statements that clients may have said. That is why it is extremely important not to speak to ACS Without an attorney.  It is very important that you not allow them to lie about you.

WHY DID MY CHILD'S SCHOOL CALL ACS ON ME?

Parents are often shocked to learn that their school called ACS and accused them of neglect. Most NYC public schools are very badly run and teachers and administrators are under constant pressure to perform better. Any chance a teacher or administrator has to pass the buck they will take. Once they have called ACS, it is out of the teacher's lap. No matter how minimal an incident is, the politics of NYC education demand that something be done. This is why teachers routinely call ACS on parents. For more information go to brooklynacslawyer.com

THE FOSTER CARE GAME

If an ACS worker believes that your child is in "imminent risk" they can remove them from your home and ask a judge to place them in the Foster Care. We will now examine who benefits financially from a child being placed in the foster care system. THE FOSTER CARE AGENCY: ACS has contracts with dozens of foster care agencies. These are the first people that line up and receive payment from ACS to manage the foster parent. The question becomes, what is the ACS worker doing while the agency watches the foster parent? Foster care agencies in NYC make millions of dollars every year taking kids away from their parents. THE FOSTER PARENT: Foster parents can be paid about $700.00 a month for each foster child. Other benefits can also be added which can make each child worth thousands of dollars a month. Some foster parents have two or three foster children. You can see how quickly the money adds up. It pays to be a foster parent in NYC. ACS: ACS receives local, state and

WHY IS ACS TAKING ME TO COURT?

If you find yourself in Family Coury against ACS it is because ACS filed a petition against you. In this petition you are being accused of child abuse and neglect in some form. ACS will then have to prove to the judge that you are guilty of child abuse. This will involve a trial known as a fact finding in Family Court. It is extremely important to have an attorney at this point that can help you fight the case. You can also go to fightacs.com for more information.

WHO CALLED ACS ON ME?

This is the first question that parents ask. The answer is, in New York City, anyone can call ACS on ANYONE. As you are reading this right now I can call the ACS on you and your family and I have never met you. Once ACS receives the call they must see the child. It is at this point that an ACS worker will come to your home and demand to be let in. They may even come with a police officer. Do not fall for these tactics. Go to FIGHTACS. 

WHAT ARE THE "SERVICES" ACS KEEPS TALKING ABOUT?

The very first thing an ACS worker will tell a family is that they want the family to receive services. The ACS worker will never tell the parents how long or what type of services they are and expect the parent to comply. In reality these "services" are useless therapy or anger management programs administered by a third party whom ACS had a contract with. Do not fall for the trick. The agencies that administer these services are not controlled by ACS in any way. The only thing the ACS worker cares about is writing a report that says they helped a family and put them into services. The parents are then left to deal with an agency who wants to keep them in the services in order to keep getting public funds. A family of four in counseling for a year can make an agency tens of thousands of dollars. This applies also to foster care agencies that make millions of dollars a year snatching children away from their parents. We will discuss that in the next post.

WHY HAVE I BEEN INDICATED FOR CHILD ABUSE?

One of the most shocking things that a parent can receive in the mail is a letter from the Office of Children and Family Services stating that they have been indicated for child abuse. What does this mean? ACS workers are the ones responsible with filing a report with OCFS and they do so after a visit to the home. If the ACS worker cannot sustain any charges to bring to Family Court, they will simply file a case with OCFS and force the parent to go through a hearing at this agency. This is all designed to make it appear as if ACS workers are actually accomplishing something. The only interest ACS has is to defend its funding and bureaucratic scheme. If you have received a letter from OCFS do not panic. Go to OCFSLAWYER.COM for more information and protect your family.

WHAT POWERS DOES ACS HAVE?

ACS workers are governed by the Family Court Act. Specifically and most frightening is the ability of an ACS worker to remove a child from a home if they believe the child is in imminent risk. It is with this threat that the coerce parents into complying with their demands. ACS workers will continually tell a parent that their case will "go to court" and use that to force parents into useless services. The law gives ACS workers much power that is why they are so dangerous. They behave like Nazi thugs and terrorize thousands of families a year. Stand up for your rights and for your family.

WHY DOES THE ACS WORKER WANT ME TO SIGN RELEASES?

The goal of the ACS worker is to accuse the parents of something. Even if the parents have done nothing wrong. The parent will be offered "services" which the ACS worker will demand that the parent complete. Threats and demands are what the ACS worker will use to get the parent to comply. You should never sign any document with ACS WITHOUT AN ATTORNEY. ACS workers are trained to make the parent fear the removal of their children. Stand up for your rights.  Call 9 17-519-8417 to speak to one of our attorneys.

TOP 5 ACS LIES

ACS workers are badly trained, rude and often arrogant. They seek parents cooperation by playing on fear and intimidation. Here are some of their top 5 lies. 1. You don't need a lawyer. 2. I don't need a warrant to come into your home. 3. This investigation will last 60 days. 4. My supervisor wants this information. 5. We don't speak to lawyers. ACS workers will say these things in an effort to make their jobs easier. They terrorize hundreds of families every year in New York City. Do not fall for their tricks. Stand Up for your rights. Go to FIGHTACS.COM for more information.

ACS JUST CALLED ME WHAT SHOULD I DO?

First of all you should be polite. ACS workers are often rude, arrogant and untrained. The easiest way to handle them is to speak in a calm respectful tone and ask what the worker wants. If the worker appears at your home, do not open the door. Even if the police arrive, you have the right to keep your door closed. If the police claim to have a warrant, ask to see it. If they do not have a warrant, tell them you will not let them in and you want to speak to an attorney before your speak to them. DO NOT make any statements to ACS or the police. The ACS worker will try to bully you into speaking to her/him. Do not fall for it. The goal of the ACS worker is to claim that the parent is abusing the child so they can keep their caseload up and make it appear that they are doing their jobs so they keep getting funding. Stand on your rights.Call us at 917-519-8417, if you need legal help.

WHAT IS THE ADMINISTRATION FOR CHILDREN SERVICES (ACS)?

ACS is New York City's child protective agency. Outside of NYC they are called CPS, Child Protective Services. ACS is a city agency that is funded by city, state, and federal tax dollars. ACS receives billions in funding each year to help the children of NYC. Their goal is to prevent child abuse and neglect. This is a highly dysfunctional agency that fails to meet its mandate at every step. You can read the report on child deaths http://www.brooklynacslawyer.com/brooklynacsreport.pdf . You can also visit ACSATTORNEY.COM