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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 may state. This is designed to get information out of the parents and break their will. ACS workers will demand that you comply with their plan or face court action. These conferences can last for hours. Most importantly, while you are allowed to have a lawyer at a police station, no lawyers are allowed at a child safety conference.


3. FILING OF A PETITION IN COURT: After the child safety conference, ACS will file a petition against you in Family Court. This is a complaint against the parents for neglect or abuse or both. This is also the time where ACS asks the Court to order parents to comply. ACS can also ask at this time to remove the children. The main goal of ACS is to remove as many children as possible from their parents for monetary gain. If this cannot be accomplished, they will demand that the parents enroll in services. They can also ask for one parent to be excluded from the home. It is important at this stage to have your attorney speak for you. your children will have their own lawyers assigned and paid for by  the court. 


4. FACT FINDING: This is a trial in family court. This is where ACS workers will being their "evidence" against the parents. The parents will testify and the court will make a decision. There is no jury. The judge makes all decisions including what the punishment should be and how long they should last.It is at this point where parents have the ability to present their case and call witnesses on their behalf. This phase can last for months, as courts only have the time to listen to cases an hour or two per day because of court congestion.

At any point after the filing various motions case be made to the Court. For example, if ACS is violating court orders, which happens often, you can make a motion to the Court to stop them. Motions are written requests to the Judge to ask the Court for a desired outcome. ACS will respond and the Court will make a decision.



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Michael  S. Discioarro, Esq.


24 HOUR HOTLINE


 917-519-8417


11 BROADWAY

SUITE 615

NEW YORK, NY 10004





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