Skip to main content

HOW TO WIN A 1028 HEARING AGAINST ACS

The Family Court Act section 1028 allows parents to have a hearing if their children have been removed by ACS or in many cases if the parent has been excluded from the home. In the vast majority of cases, the Court must begin the hearing within three days. Here is the catch, the Court does not have any time frame in which it must conclude the hearing.  Family Court judges in NYC are swamped to say the least. The demands on their time are severe and ultimately parents and children suffer. So how does one actually win a 1028 hearing?

To begin with, the burden is on ACS to show that the parent is an imminent risk. Imminent does not mean possible. The risk must be real and lurking. Each case is unique but here are some things you must do:

- Bring witnesses if any

- Be prepared to testify on your own behalf.

-Use ACS tactics against them.

- Read all of the progress notes in the case.

ACS has certain tricks and tactics that they use in order to win the hearing. Remember a child that remains in foster car is a huge financial windfall for ACS and all of the agencies that they contract with. The children of NYC are a valuable commodity to the child protection industrial complex. ACS will often had over discovery the night before the hearing so as to give you very little time to review it. Also, you can expect anything positive about you to be ignored or hidden by ACS. IN one recent case the ACS worker avoided obtaining reports from our client's doctors because they were all positive. When challenged, she would state that no one would call her back.Yet she was able to obtain the negative reports about the child's father. A 1028 hearing can be won but you must be smart and realize that ACS will do anything to keep the children in foster care to advance their financial needs.


FIGHTSACS.COM

BROOKLYNACSATTORNEY.COM

NYCACSLAWYER.COM
Labels:

Comments

Post a Comment

Popular posts from this blog

HOW TO FILE A COMPLAINT AGAINST ACS

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
16 comments
Read more

THE ACS DRUG TEST GAME

As we have discussed, anyone with a phone can call ACS on anyone else. ACS does not investigate who calls. they simply go and attack the parent. One of the most common calls to ACS is that a parent is using "drugs". The ACS worker will then go to the home and demand that the parent take a drug test. This is a trap. The way ACS uses drug tests is as follows. If they are positive, even for marijuana, they will demand that the parent enter into a drug program. If they are negative, they will hide the results and harass the parent until the parent enters a drug program. For ACS , the accusation is the proof of the case. The ACS workers are very poorly trained, badly educated, and extremely arrogant. It is very difficult for parents to deal with them because they are so unprofessional and the parents are not prepared for this. Many ACS workers we have spoke to will not even give us their business cards or full names. In fact, letters that parents receive from ACS only have the wor
1 comment
Read more

THE STEPS OF AN ACS CASE

 In this post we will discuss in depth all of the steps of an ACS case. 1. INVESTIGATION - The case starts with a call being made to ACS or the child abuse hotline that a child is being abused or neglected. It is important to remember that anyone can call on anyone for anything. This will result in an ACS worker coming to your doorstep. This may happen at any time of the day or night. Once they arrive ACS workers look for any reason to create a case against the parents. Even if the case is baseless, the ACS worker will dig into your family until they find something they feel they can use to file charges against your family. This investigation can go on for months. DO NOT SPEAK TO ACS WORKERS WITHOUT AN ATTORNEY. 2. CHILD SAFETY CONFERENCE: This is the legal equivalent of being attacked by a gang The parents are ordered to come to an ACS office where they will be facing ACS workers and supervisors. The ACS workers will be attacking them and not listening to anything that the parents ma
Post a Comment
Read more