Child abuse investigation? DON’T send in the lawyers
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Stephen Levin, chairman of the City Council Committee on General Welfare.William Farrington
Stephen Levin, chairman of the City Council Committee on General Welfare.William Farrington
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Of all the many situations that aren’t improved by bringing in lawyers, the early stages of an Administration for Children’s Services investigation has to lead the list. But City Councilman Stephen Levin (D-Brooklyn), whose committee oversees ACS, wants lawyers involved as soon as ACS opens a case.
He thinks kids’ safety is ensured by “fully respecting the rights of parents to not have the state unduly infringe on their relationship with their child.”
Under state law, parents get offered a lawyer only when and if ACS files a petition in Family Court, after an investigation. Levin’s bills would bring attorneys in at the start.
Yet lawyers will likely advise parents to “play it safe” and deny ACS access to the home and the child, making cases take longer and cost more.
Missing here is any evidence that ACS has been too quick to take kids from parents, let alone any sign that it seeks to frame parents as abusive in order to steal their children.
Levin calls parental rights “sacrosanct,” but, as Commissioner David Hansell notes, “ACS also has an obligation to assess child safety, and children have a right to be free from abuse or maltreatment.”
Under Hansell, ACS is already working to head to Family Court less often, and put fewer kids into foster care. A new diversion program aims to avoid court-ordered supervision, instead giving the family specialized prevention services. So far, it’s succeeded with 84% of the 900 families enrolled.
Rather than assuming ACS is out to violate parents’ rights, Levin should figure out how to help it do a better job of protecting children and helping parents do right.
Of all the many situations that aren’t improved by bringing in lawyers, the early stages of an Administration for Children’s Services investigation has to lead the list. But City Councilman Stephen Levin (D-Brooklyn), whose committee oversees ACS, wants lawyers involved as soon as ACS opens a case.
He thinks kids’ safety is ensured by “fully respecting the rights of parents to not have the state unduly infringe on their relationship with their child.”
Under state law, parents get offered a lawyer only when and if ACS files a petition in Family Court, after an investigation. Levin’s bills would bring attorneys in at the start.
Yet lawyers will likely advise parents to “play it safe” and deny ACS access to the home and the child, making cases take longer and cost more.
Missing here is any evidence that ACS has been too quick to take kids from parents, let alone any sign that it seeks to frame parents as abusive in order to steal their children.
Levin calls parental rights “sacrosanct,” but, as Commissioner David Hansell notes, “ACS also has an obligation to assess child safety, and children have a right to be free from abuse or maltreatment.”
Under Hansell, ACS is already working to head to Family Court less often, and put fewer kids into foster care. A new diversion program aims to avoid court-ordered supervision, instead giving the family specialized prevention services. So far, it’s succeeded with 84% of the 900 families enrolled.
Rather than assuming ACS is out to violate parents’ rights, Levin should figure out how to help it do a better job of protecting children and helping parents do right.
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