NEW YORK CITY ACS DEFENSE LAWYER

ACS contacts parents in two ways. For the most part, they call and try to set up a time to visit the home. In some cases, ACS workers will make a surprise visit to the home to try and catch the parent off guard.  The goal is to catch the parent in a moment of panic so the parent will speak to them and let them in the home. Once you refuse ACS access to the home, they will usually contact the police and come back with police officers. The officers will then in turn try to convince you to open the dorr and make things "easy on yourself". If you still refuse, the ACS worker can go to a Family Court Judge and ask for an order letting her into the home. This is done as a matter of routine and it does not take much for Family Court Judges to issue these orders. For the most part, most Family Court judges are deathly afraid to say no to ACS, so they simply sign off on any ACS request.  The ACS worker will then come back with a warrant from the judge. If an ACS worker wants acce

The biggest tool in ACS workers arsenal is the ability to mislead nervous parents by lying to them about the nature of the allegations against them and the ever-present threat of removing their children. ACS workers rely on the parent's fear in order to force the parents to comply with their demands. Here are some things ACS workers will demand from parents: - Drug tests. - Signed HIPPA forms - Home visits - Parenting classes Do not fall for their lies. Contact an attorney as soon as ACS workers contact you. FIGHTACS.COM

The case was as complicated as it gets. F.S. and his soon to be ex-wife were in the process of a hotly contested divorce. She had accused him of domestic violence, had him arrested and ACS brought neglect charges against F.S. in Family Court. After a trial before the Hon. Emily Olshansky, the Court found the client did not commit child abuse. "There was a lot at stake for our client in this case. If he lost this case he would have certainly lost custody," Mr. Discioarro said. The soon to be ex-wife testified how awful and controlling F.S. was and how he was violent and abused her for years. Meanwhile, under intense cross-examination, she admitted to shoplifting, and even lying to her friends and family on Facebook as to her academic achievements. "ACS did a very poor job of investigating this case," Mr. Discioarro said. "They should have known that this woman was lying about almost everything in her life." The judge rendered a verdict from the

When ACS workers do not have enough evidence to take parents to Family Court and accuse them of neglect, they file a case with the OCFS, The New York Office of Children and Family Services. Here are the basic steps in that process. 1. The parent is given a letter with a case number, indicating that a case has been open. The letter states the agency has 60 days to investigate. This is not true. ACS will keep cases going as long as they want. 2. The parent will then be sent another letter stating that they have been, "indicated" for child abuse. They are then given instructions how to have a hearing. 3. A preliminary conference is held before a judge. A hearing will then be scheduled. 4. A hearing will take place. The judge issues a written decision in about three weeks. This is not a process parents should go through alone. Most at risk are parents who have jobs in the medical or child care field. Retain an attorney as soon as you have been notified that there is a

The shock of having ACS accuse you of child abuse is often overwhelming to parents. Now they must deal with the NYC Family Court. To begin with, every county has its own Family Court. They are often crowded, loud and there is simply no order. Once a  parent actually enters the courtroom they will soon realize ALL of the power belongs to the judge. There are no juries in New York Family Court. This allows ACS to tailor their cases to a specific judge. Over the years ACS has learned how to intimidate and coerce judges into accepting their way of doing business. We often hear in conferences " This is how things are in Family Court." Because no juries ever get to hear a case, it is a very insular system that does not receive the scrutiny that it deserves. It is simply outrageous that if a person is injured in a car acciden, a jury decides if they receive money, but if the state tries to remove your child, only a judge decides that. Next, the adjourn dates last over a year in mo

We get this question from many clients and parents who are desperate to hold ACS accountable. The answer is YES, but there are many obstacles. First, since ACS is a city agency, notice must be served withing 90 days. Hoever, if you are suing in federal court some of these time limitations do not apply. We are often asked what type of lawyer would file this lawsuit. These types of cases are considered civil actions and are mainly brought by personal injury lawyers and lawyers that have experience in suing New York City and its agencies. Usually, these cases are done on contingency fees. That means the client does not pay the attorney, but will share in the winnings if any. So, your case must be one that a civil attorney sees has a good chance of winning. If you decide to contact one, before you meet them, try and prepare a detailed package about your case for him to review. This will make things easier for the attorney and you will receive a faster answer on how successful he thinks yo

OCFS is the state office that handles complaints against parents suspected of child abuse. When ACS does not have enough evidence of child abuse against a parent, they will file a case at OCFS. A hearing will then be conducted. Most at risk are parents who are in the child care or medical profession, as well as law enforcement. Thus, ACS will put the economic lives of parents at stake in order to fulfill their bureaucratic needs. This is one of the main reasons why ACS is a highly dangerous and dysfunctional agency. The well -being of the family is of no concern to ACS workers and their supervisors who are trying to justify their salaries and budgets by attacking NYC parents at an alarming rate. If you receive a letter from OCFS, do not ignore it. There may be serious implications for your employment if you are found guilty of child abuse at this agency hearing. Contact us at 917-519-8417 or go to BROOKLYNACSLAWYER.COM

While Staten Island is often called the forgotten borough, ACS is very active in attacking parents in court. Because of the small size of the county, there are only a small number of family court judges and  this allows ACS greater freedom in charging parents. The ACS legal department knows they simply have to cater to the desires of these judges and that makes it easier to create cases against clients. Fortunately, for the parents of Staten Island, the judges in Family Court are very balanced and are good at challenging ACS when cases are brought. If ACS has called you, you must call us!You must find a lawyer that is a skilled negotiator and also has powerful ability in a courtroom setting. With the exceptional legal qualifications of NYC Child Abuse Defense Attorney Michael S. Discioarro, your case will be fully reviewed and evaluated to determine the best course of defense to protect you. In any ACS case, all evidence against you must be thoroughly investigated and all aspec

It has been reported that ACS investigated, Cesar Gonzales Mugaburu , nine times and did nothing to stop him. There have been countless families injured by the failed agency. If they cannot be trusted to find a child molester right under their noses, how van they be trusted to investigate parents in cases of neglect. Each child was in the custody of this monster because ACS believed the parents were abusing the children. Our Law Office has seen so many cases of this it truly saddens us.