NEW YORK CITY ACS DEFENSE LAWYER

  FOR IMMEDIATE RELEASE November 20, 2020 Contact:  mediainquiry@acs.nyc.gov ACS & DOHMH ISSUE NEW GUIDANCE TO HOSPITALS MAKING CLEAR WHEN POSITIVE TOXICOLOGY TESTS OF CAREGIVERS OR NEWBORNS DO NOT WARRANT A REPORT TO THE STATE CHILD ABUSE HOTLINE Guidance Aims to Reduce Unwarranted Reports of Possible Child Abuse or Neglect, Especially Involving Families of Color The NYC Administration for Children's Services (ACS) and the NYC Department of Health and Mental Hygiene (DOHMH) issued new guidance to hospitals citywide making clear the child abuse reporting requirements for newborns prenatally exposed to substances and their caregivers. In New York State, hospital staff, like doctors, are mandated reporters and required to report suspected child abuse and neglect to the Statewide Central Register of Child Abuse and Maltreatment (SCR). However, by law, a positive drug test of a parent and/or a newborn baby is not in itself a basis for a report of abuse or neglect. The new guidance

 On of the tactics that ACS workers use is in every case, no matter what the allegations, the ACS worker will demand the parent take a drug test. This is simply part of the ACS check list. Often they will ask for a hair follicle test, which can go back as far as a year. If a test is positive for anything, the ACS worker will demand that the parent enter a ACS funded drug program. These highly ineffective programs are contracted by ACS to a third party and are a large part of the ACS budget. This year's ACS budget is $2.7 billion and it must be spent on making "better parents" through questionable services that have no proven effect. If an ACS worker asked you to take a drug test, contact our hotline at    917-519-8417 . FIGHTACS.COM

 In this post we will discuss ACS issues particular to the Staten Island ACS office. The office is located at: Staten Island 350 Saint Marks Place, 5th Fl.  (718) 720-2764 This is the smallest of the ACS offices because it is a smaller county.  This is a very aggressive office because of the lighter case load. Thus, ACS workers are more aggressive in how they attack parents. They will continuously call and harass parents in every way. The ACS attorneys also are very aggressive and they have been with ACS for many years and are accustomed to attacking parents who have done nothing wrong. FIGHTACS.COM STATENISLANDACSLAWYER.COM

 ACS workers routinely demand that parents sign HIPPA forms so the ACS worker can obtain the children's medical records. These forms will allow the worker to obtain all of your child's medical records. Do NOT sign any HIPPA forms for ACS unless you have spoken to an attorney. The ACS worker will review these records and attempt to manufacture charges against the parent. We have seen this over and over again.  according to the government website this is the parties that are covered: Covered Entities The following types of individuals and organizations are subject to the Privacy Rule and considered covered entities: Healthcare providers : Every healthcare provider, regardless of size of practice, who electronically transmits health information in connection with certain transactions. These transactions include claims, benefit eligibility inquiries, referral authorization requests, and other transactions for which HHS has established standards under the HIPAA Transactions Rule. He

  OCFS is responsible for programs and services involving foster care, adoption and adoption assistance, child protective services including operating the Statewide Central Register for Child Abuse and Maltreatment, preventive services for children and families, services for pregnant adolescents, and protective programs for vulnerable adults. OCFS is also responsible for the functions performed by the State Commission for the Blind and coordinates state government response to the needs of Native Americans on reservations and in communities. The agency provides oversight and monitoring of regulated child care (family day care, group family day care, school-age child care and day care centers outside of NYC), legally exempt child care, child care subsidies, child care resource and referrals, and the Advantage After School Program, and also provides services and programs for infants, toddler, pre-schoolers, and school-age children and their families. In the case of OCFS v. S K.  Id # 2766

  On Tuesday, April 6, 2021 at 5.59 a.m., an off-duty, New York City employee was arrested and charged in the 45th precinct, which covers Co-op City and City Island in The Bronx. Crystal Soto, 31, a New York City social worker in the Administration for Children’s Services was charged with criminal possession of a controlled substance, criminal possession of a weapon, criminal possession of stolen property and criminal possession of a firearm.   Her name does not appear on the ACS website.  Norwood News  has reached out to the Bronx District Attorney’s office, the NYPD and to the City administration for further information as to where Soto was based, whether in a school or elsewhere, and if she underwent psychological evaluation at the time of her arrest. We will update this story upon receipt of any further information.   An ACS spokesperson provided  Norwood News  with the following statement regarding its screening process for employees: “ACS holds our staff to the highest standards

  The commissioner of ACS is proud to announce Child Abuse Awareness month. However, to do the actual work to ensure that the children of NYC are safe, he will not do. Each day ACS holds kids in horrible conditions at hotels and children's center warehouses. Families are torn apart simply to increase ACS funding. We deserve better. FIGHTACS.COM

 This is a common question and often never clearly answered by ACS. This is the official ACS statement on what ACS does during an investigation: During the investigation, ACS will: Contact the person who made the report within 24 hours, to gather more information. Make an unannounced visit to your home within 24 – 48 hours of the report. CPS must see and speak to all your biological children living with you or with other caretakers, as well as all children that are present in the home during the investigation. Speak to all adults or caretakers living in the home. Give you a letter called a Notice of Existence, informing you that you have an open investigation of abuse or maltreatment. If you are not home, CPS will leave a Notice of Home Visit letter informing you of the visit. Check to make sure your home is free of hazards, has adequate food, safe sleeping arrangements, etc. Go to your child’s school, talk to family members and other people who may know your child, like a neighbor, bu