When a child is removed by ACS, a family is often in shock and is given conflicting advice on how to proceed. New York Family Law allows for a 1028 heating that forces ACS to prove its case before a judge or return the child. The one BIG advantage in demanding a 1028 hearing is that ACS is put under pressure to actually prove their case. During this process they often fail. As we have discusses, ACS is a highly dysfunctional agency. Therefore, in certain cases, it may be very advantageous to the parent to demand a 1028 hearing. This is not the case in each child removal. You must discuss this option with your attorney and decide if it is the best way to go in your case.
We are often asked by parents; how do I file a complaint against the abusive ACS worker. The first thing we advise is not to file an complaints with anyone at ACS. ACS supervisors are there to protect their paychecks and their jobs. They will usually stone wall the parent into giving up. The goal of the ACS supervisors is to ensure that the parents follow the demands of ACS. Also, we do not suggest filing a complaint with any local political office. ACS is so dysfunctional that they are immune to any political pressure of any kind. Mayor Deblasio has failed to correct the problems at ACS and the agency is simply on cruise control with no one in control. The most effective way to file a complaint against an ACS worker is to file suit in federal court. This will get the workers attention and take them out of their comfort zone. We urge parents to obtain an attorney as fast as possible and begin the process of a lawsuit. The federal courts are a neutral place for parents to bring
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