NEW YORK CITY ACS DEFENSE LAWYER

A wonderful group that advocates on behalf of pregnant women released a document that advises mothers o how to protect their children from ACS. It is wonderfully written and easy to understand. You can read the it here. If your finances allow, we strongly suggest that every parent obtain their own private attorney as soon as they are contacted by ACS.   Most importantly, is to never speak to ACS workers without an attorney. ACS workers are trained to attack parents in any way they can. Stand up for your rights. ACSATTORNEY.COM

The ACS Commissioner Gladys Carrion resigned in disgrace. Mayor Deblasio still has not appointed a new Commissioner. Why not? The reason is because as soon as he does, the ACS dysfunction is back in the news. The Mayor wants to hide from ACS as much as possible. This Mayor is too much of a coward to truly address the problems of ACS. The children will keep dying and innocent families will continue to be torn apart. This is travesty of justice.

Zymere Perkins (left) and Jaden Jordan (right) both died even though their child abuse cases were investigated by ACS. Robert Miller; Facebook More On: acs ACS employs more bosses than abuse caseworkers De Blasio says he had to take credit for appointing ACS monitor Feminists' mom-shaming of Kellyanne Conway is out of control Buckle up — Trump's era of disruption has only just begun Ten kids died despite each being the subject of at least four abuse or maltreatment complaints to the city’s troubled child welfare agency in the weeks leading up to the slaying of little Zymere Perkins , a probe by Comptroller Scott Stringer’s office has found. The tragedies were among 38 deaths involving vulnerable children flagged for high-priority investigations by the Administration for Children’s Services, Stringer found in the report, a copy of which was obtained by The Post. In a letter to outgoing ACS Commiss...

The NYPOST reported that ACS is so bloated with supervisors that its completely dysfunctional. Of the 1,932 upper-echelon workers employed by ACS, only 496 were “child protective specialist supervisors” dealing directly with cases of abuse and neglect, while the rest filled out the agency’s bureaucracy. These bosses never leave the office and rarely attend court. The lack of leadership  at the agency is amazing given how many "bosses" are available to supervise cases and make sure thinsg go right. The story of ACS dysfunction keeps growing larger. It is time for the entire leadership to be replaced so our children do not continue to suffer. FIGHTACS.COM

ACS workers like to bully parents into attending what they call a Family Safety Conference. Attorneys who represent these parents are not allowed as per ACS policy. So, in a society where the right to counsel is omnipresent, ACS is so fearful of being exposed that they try to hide what they do from as many people as possible. As an attorney I have met with the FBI, NYPD, DEA, DOI and dozens of other state, federal and city agencies on behalf of clients. However, ACS workers have devised a system where they want to abuse parents in private without the benefit of an attorney to guide them. The Family Safety Conference is simply an ambush conducted by the A CS worker and their supervisors where they accuse the parents of wrongdoing and then demand that parents follow the ACS orders. This is all without any type of Court supervision. Lastly, many judges are surprised to learn that attorneys are not allowed to attend these conferences. It is  a shameful tactic and the next ACS Commi...

ACS Commissioner Gladys Carrion is stepping down   Finally, Gladys Carrion is stepping down as ACS Commissioner. Her lack of leadership leaves two dead children in its wake. This is not enough. All of the ACS bosses need to be replaced and an entire  retraining of all ACS workers needs to be done if we are to save the children in need. 

ACS accuses parents in two different legal ways. One is in Family Court, where they can actually take away the child. The other is at OCFS. This is a state agency that does hearings on whether a parent should be indicated for child abuse and be placed on the state registry for maltreatment. The usual ACS tactic is if they cannot manufacture enough evidence against the parents in Family Court, they will file the case at OCFS. The hearings at OCFS are much more informal where hearsay is allowed. This is a very confusing process for parents. It is designed to give ACS workers another avenue to falsely accuse parents. If ACS has contacted you, do NOT speak to the ACS worker without an attorney.

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...

One of the first things that an ACS workers will tell parents upon meeting them is that the investigation will last 60 days. This is simply untrue. The reason for this statement is that it leads the parents to believe that there is a process that will be followed and they can look forward to the case being closed in 60 days. It is simply untrue. The ACS investigation will continue until the ACS worker can create a case against the parents. The goal is to force parents into services so ACS can maintain their $2.9 billion budget. The ideal parents for an ACS worker to accused are parents that have done nothing wrong. These parents are so frightened they will often agree to services, which are worthless and are run by third parties. Then, at the end of the year the ACS worker can claim that she has done her job and helped all of these needy families. It is much harder to help a family in real need, like the family of Zymere Perkins. BROOKLYNACSLAWYER.COM

A battered, helpless 3-year-old Brooklyn boy has died from injuries he allegedly suffered at the hands of his mother’s abusive boyfriend days after he was beaten into a coma and left with a fractured skull. Little Jaden Jordan, who also suffered a lacerated kidney and a lacerated liver, died Saturday evening, a mere five minutes after his family took him off life support, his heartbroken dad said. “It was devastating, when they first turned the machine off. It’s hard, you know,” dad Guseyn Aliyev, 37, told the Daily News. “You know, the doctor said that that’s it, he’s never going to come back after this.” ACS took 3 days find address of boy, 3, who was beaten into coma Young Jaden clung to life for five days after he was found Nov. 28 in his Gravesend home unresponsive and covered in feces, authorities said. Jaden Jordan, 3, was taken off life support, and died Saturday night. (Facebook) He was rushed from his W. Fifth St. home to Coney Island Hosp...

ACS cases usually begins in court by the parents being served. The law demands service in specific ways, but ACS workers usually call the parents on their cell phone and demand them to be in court on the very same day. This is designed to put as much pressure on the parents as possible. This also prevents the parents from speaking to a private lawyer about the case. This is exactly what ACS wants. On the fist appearance, ACS will file its petition and ask the judge for certain things. This can range from services for parents to removal of the children from a parents' custody. The first appearance is crucial in determining what happens with the case. It is at this point that parents need an effective attorney to challenge ACS . Too often, the ACS worker will simply lie about statements the parents have said and use that as a basis for the petition. If an ACS worker has contacted you, do NOT speak to them. Contact an attorney as soon as possible and let them speak for you.

http://www.nydailynews.com/new-york/cliches-no-answers-zymere-perkins-death-acs-chief-article-1.2818710 The Mayor and ACS chief Gladys Carrion still have not provided any answers in the death of Zymere Perkins. The strategy they are following is to lay low and hope that other news stories overtake this one. This is a classic tactic of political leaders when a case is too explosive to address. The answers are there to be found. The Commissioner and the Mayor can call all of the ACS workers and supervisors to their office and ask for an explanation. This will not happen because the Mayor does not want to find the answer. It is easier to say that the Manhattan DA is investigating and we can't do anything. Each day we see innocent parents accused of neglect by ACS. http://www.brooklynacslawyer.com Yet, when a child like Zemere needs help, they fail.  It is easy to accuse innocent parents of neglect. It is difficult o help a child in need. It is important to note that nearly...

ACS workers have the power to remove children from their parents home without a court order. This is the power they threaten every parent in NYC with and force them to comply. The vast majority of parents will be so frightened that they will do whatever the ACS worker demands. Here are some of the most common ACS worker lies that parents are told: 1. YOU MUST SPEAK TO US 2. YOU MUST LET US INTO YOUR HOME 3. YOU MUST TAKE A DRUG TEST. 4. THE INVESTIGATION WILL ONLY LAST 60 DAYS 5. IF YOU DO NOT COMPLY WE WILL GOT TO COURT Do not fall for these lies. Fight back. Call a lawyer as soon as an ACS worker contacts you. The Law Offices of Michael S. Discioarro, Esq. is here to help. Call 917-519-8417.

EXCLUSIVE: ACS caseworker who had evidence of Zymere Perkins abuse closed his file because she got promoted Tweet email ACS caseworker Nitza Sutton closed the file on Zymere Perkins in April. Months later, he was found dead with bruises on his body. (YouTube) BY Ryan Sit Graham Rayman NEW YORK DAILY NEWS Updated: Tuesday, October 11, 2016, 12:28 AM The caseworker assigned to probe abuse allegations involving little Zymere Perkins closed the case because she was more interested in getting a promotion, sources told the Daily News. Child protective specialist Nitza Sutton, 48, closed Zymere’s case after just 12 days this past April — even though she took photos of injuries on the child’s body, according to child welfare sources who saw the boy’s file, several sources said. “She (Sutton) went to the home,” an Administration for Children’s Services source told The News. ...

One of the hardest things for parents to deal with if when NYPD and ACS do a joint investigation. This means that parents will be questioned by NYPD detective and ACS workers. Often, they collude to trick the parents into giving up their right to counsel or accusing the parents of different things, so as to keep them off balance. The most important thing any parent can do when facing this sort of investigation is to contact an attorney as soon as possible. Most parents are not equipped to deal with police officers and ACS workers. Do not speak to them without an attorney.

ACS Commissioner Gladys Carrion could use a civics lesson. Under fire over the death of 6-year-old Zymere Perkins, Carrion snapped at a Daily News photographer Tuesday — for taking a picture of her on a public sidewalk. “How many more photos are you gonna take?” Carrion said as she left her Bronx home and stepped into a black Toyota SUV. “This is invasion of privacy, if you ask me.” The embattled Administration for Children’s Services chief has taken heat for refusing to address the tragic case of Zymere, a Harlem boy who police say died Sept. 26 after being brutalized by his troubled mother’s hulking beau. ACS commissioner to address Zymere Perkins case Wednesday City officials say Carrion will finally discuss Zymere’s death — and the problems it exposed within ACS — at a Wednesday press conference. It’s likely to be a challenging experience for Carrion who needed a City Hall escort to shield her from a reporter and photographer on Monday. Carrion is...

We have touched on ACS and the Public Schools in New York City many times. In this post we will go a little deeper. To begin with, both are large multi-billion dollar agencies that are trusted with our children. Both are highly dysfunctional and both are often criticized in the media. Both have highly paid and ineffective administrators who are in charge of their own little fiefdoms and they protect it at all costs.  DOE has one huge advantage over ACS. As soon as school officials see a problem child they quickly call ACS on the parent. Why? It is very simple. By opening an ACS case against the parents , the school has gotten itself off of the hook. So instead of trying to teach children and providing the education that they have a right to, the DOE protects their turf and attacks the parent. Remember the most important thing to ACS and DOE is to keep the funding coming in and keep their inflated salaries and power. Many officials in the DOE and ACS would have a very difficult tim...

As we have discussed in the past, ACS receives a  good amount of cases from the New York City Public Schools. The bureaucracy in these schools is such that as soon as they see an opportunity to contact ACS, they do. This protects them from further liability by passing the buck to another incompetent state agency. THE NYC DOE is a large dysfunctional system focused on protecting its funding and turf. Parents must be aware of this alliance between the ACS workers and the administrators. They routinely join forces to attack parents and force ACS into a parent's life. Be aware of them. FIGHTACS.COM

As we have discussed in the past, there are no juries in Family Court . Thus, all of the power resides in the judge. So when a judge has an opinion about a case, both parties have to heed that opinion. In once recent case, we were defending a family in court when the judge excluded the family from court and had a conference with only the lawyers. This is common in almost every area of law. Judges, with limited time, try to settle cases. The problem in family court is that because there are no juries, what the judge says is law. In most other areas of law you can tell a judge that you would like a juries opinion about case. This underscores the need for juries in Family Court . There simply is no reason why a fair society must give all the power to one individual in matters as important as this. ACSATTORNEY.COM

I would like to thank the People of Manhattan Local Access that allowed me to share this crucial information on how to stop ACS from abusing your family. You can see the video in its entirety here. https://www.youtube.com/watch?v=sajOd09snvI&index=3&list=PLvERUaNfZniJdodYVib9qrcedzav-qGux&spfreload=5

I would like to thank the People of Manhattan Local Access that allowed me to share this crucial information on how to stop ACS from abusing your family. You can see the video in its entirety here. https://www.youtube.com/watch?v=sajOd09snvI&index=3&list=PLvERUaNfZniJdodYVib9qrcedzav-qGux&spfreload=5

ACS in Brooklyn is located at: ACS 1274 Bedford Ave,  Brooklyn, NY 11216 Phone : (718) 623-4500   The cases against parents are filed with Brooklyn Family Court. This is the link for Court.  Brooklyn has gone through a fundamental transformation in the last 15 years. Real estate prices are soaring and many neighborhoods are being gentrified. However, central Brooklyn is still a low income are with many households headed by a single mom. These are the people most vulnerable to an attack by an ACS worker. ACS workers must justify their positions and salaries and that means accusing parents of neglect in any way they can. Luckily, we are fortunate to have many courageous judges in Brooklyn Family Court that will challenge ACS workers and hold them accountable. Many judges are very aware of the abuses that ACS is involved with and try very hard to listen to the parents' side of the story. If you have been targeted by an ACS worker, do NOT speak to them. Contact a ...

ACS in the Bronx is located at: 2501 Grand Concourse 4th Floor Bronx, NY 10468  The cases brought by ACS are handled in Bronx Family Court.That can be found here.http://www.nycourts.gov/ According to the Census Bureau, Bronx County is one of the poorest counties in America. ACS is very active here. ACS workers employ a tactic where they use a parent's poverty against them. Routinely you will see single mothers and fathers being abused in Bronx Family Court by ACS workers and lawyers. One saving grace is that Bronx Family court has some courageous judges that will hold ACS accountable. By most measures the Bronx ACS office is the most disorganized and dysfunctional in New York City. The ACS workers are the most rude and most unprofessional. This stems from the fact that they believe that poor people will not stand up for their rights. If you have been contacted by a Bronx ACS workers, call an attorney as soon as possible. Be aware of your rights.

 in this series we will review each ACS office in every borough we begin with Staten Island. The Staten Island ACS office is located at: New York City Children Services      Staten Island Address : 350 St Marks Pl # 409, Staten Island, NY 10301 Phone : (718) 720-2765   Cases brought by this office are brought to Staten Island Family Court which is located at: Staten Island Family Court    City Courthouse · Staten Island Address : 100 Richmond Terrace, Staten Island, NY 10301 Phone : (718) 675-8800 Hours : Open today · 9AM–5PM   The State n Island ACS office is highly dysfunctional and has no leadership. They constantly bully parents into ACS cases and will manufacture cases against innocent parents if the parent does not comply with their demands. There are only a few family Court judges in Staten Island and they are mostly very pro-ACS. Thus a par...

The Family Court Act and the New York Civil Procedure Law spell out exactly how a parent should be notified to appear in court. These are legally mandated rules that must be followed by anyone in the court system. Well, here is how ACS attempts to serve parents of a legal notice. Our clients found this under their door. The name of the client is wrong, it does not give any information about the case and is absolutely not acceptable as a form of legal service. This is yet another example of the dysfunction at ACS. This agency has the power to remove children and cannot even properly serve a parent. It is a disgrace. brooklynacslawyer.com

The Family Court Act is the New York Law that governs Family Courts in New York state. A simple reading of this law, will show you how much power family court judges have in the state. They, and only they, decide what happens to your children. With that understanding, ACS workers and lawyers have a keen understanding of each judge and will craft their case accordingly. In criminal and civil courts, the juries have the ultimate say. There is no reason why parents do not deserve juries in Family Court to judge them if they have neglected their child We recently had one ACS lawyer tell us that Family Court is not " punitive'. This is simply an outrageous remark. What could be more punitive than losing your child?  Family Court proceedings are hidden from the light of the public because no juries are allowed. Parents are abused by an A CS bureaucracy that is concerned only with its self-preservation. It is time for juries in Family Court ACS cases.

After years of handling ACS cases, one piece of advice stands the test of time. No parent should engage the ACS worker in discussions about the case without an attorney. There are some basic and very important reasons for not doing so. First and foremost, the ACS worker is trained to look for anything that they can blame the parent for. They will dig into your life, speak to teachers and even harass your neighbors. Second, ACS workers do not record the conversations in any way. If you notice any trial, the courtroom has a court reporter that writes down everything that has been said. This is very important because words matter. In fact, ACS workers are in constant fear of being recorded given the ease and wide spread use of cell phones today. Once you tell them you are recording, they will become agitated and scream that they don't want to be recorded. Lastly, if you speak to the ACS worker they can claim you made statements you did not make. This is crucial when handling cases of...

Routinely, ACS lawyers need exert witnesses to testify in court against parents.  These experts need to be nurses or medical doctors. In order to advance their agenda, ACS has a few medical professionals on call for court testimony.  These are not doctors and nurses in the traditional sense. They are part of the ACS apparatus that accuses parents of child abuse. They do very little research in any of the cases and will gladly swear under oath that the child they have examined is being abused by their parents. In  the most outrageous cases, the child psychologist will testify about a child, without ever speaking with them. In our practice we routinely see ACS use the same "experts" over and over again. The ACS lawyers count on the fact that most parents in New York City accused of abuse cannot afford to hire their own experts. In one recent child abuse trial, the ACS experts were easily discredited and the client was found NOT GUILTY of all charges. Child abuse should not ...

This is a common question that many parents have. When contacted by ACS, most parents believe that they have nothing to hide and there is no harm in cooperating. This is understandable, but a deeply flawed decision. ACS workers are not interested in the well-being of the child. Their goal is to have the parents enter into "services" so ACS keeps its massive funding from city and state officials. Thus, if anyone calls ACS and accuses a parent of abusing drugs or alcohol. ACS workers will come to your home and demand that you take a drug test or be evaluated for alcohol abuse. The ACS worker will do absolutely no investigation into the source of the report or its veracity. To ACS, the accusation IS the evidence. In order to prevent this type of abuse, it is imperative for a parent to contact an attorney as soon as ACS contacts them. This will take away all of the power away from ACS. In the vast majority of cases that we are contacted early, the ACS worker simply moves on to...

Under the Family Court Act ACS has the power of Emergency Removal of a child from a parent, the law states: A peace officer, acting pursuant to his or her special duties, police officer, or a law enforcement official, or a designated employee of a city or county department of social services shall take all necessary measures to protect a child's life or health including, when appropriate, taking or keeping a child in protective custody, and any physician shall notify the local department of social services or appropriate police authorities to take custody of any child such physician is treating, without an order under section one thousand twenty-two of this article and without the consent of the parent or other person legally responsible for the child's care, regardless of whether the parent or other person legally responsible for the child's care is absent, if (i) such person has reasonable cause to believe that the child is in such circumstance or condition...

A child under the age of 18 who does not attend school, or behaves in a way that is dangerous or out of control, or often disobeys his or her parents, guardians or other authorities, may be found to be a Person In Need of Supervision or " PINS ". All PINS proceedings are heard in Family Court .Once a PINS is filed ACS will interview the child. If the child accuses the parent of doing anything wrong in any way, ACS will bring a case for neglect against the parent. This is obviously problematic since the parent went to the state for help and ACS attacks them. Parents should be aware of this pitfall. If ACS contacts you about your PINS case, do not speak to them. The goal of ACS is to attack the parent. QUEENSACSLAWYER.COM

The ACS worker has two main goals. One is to have the parent admit that they are bad parents and need help and second. they will referr the parent to useless services. We will now examine some common ACS threats against parents. - YOU HAVE TO COOPERATE! The ACS worker will tell a parent that they are not being cooperative and threaten with taking them to court. - WE WILL GO TO COURT- If a parent resists ACS in any way, they will threaten to take them to court. This threat is very effective for the obvious reasons. - IF YOU COMPLY, IT WILL BE EASIER- This threat implies that if you offer any resistance ACS will make your life much harder. This is a truly disgraceful tactic, however, it happens every single day. If you have been contacted by an ACS worker, do not wait to be attacked. Contact an attorney as soon as possible. Do not give up your rights. BROOKLYNACSLAWYER.COM

When a child is removed by A CS , 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.

At a certain point during the ACS investigation of your family, the ACS worker will order you to attend a Family Safety Conference. The goal of this meeting is to isolate the parents in a room and attack them with allegations. The ACS worker and her supervisor will then offer "services" to the family. The worker and her bosses will stress how badly the family needs this and how the parents will benefit from these wonderful programs. This is simply an ambush. In reality, these services are run by third parties that are not controlled by ACS and are only interested in more funding and keeping their positions. Should the parents resist in any way, the ACS workers will threaten court action and the removal of the children. This is a very stressful experience form most parents.This stress is what the ACS workers and their bosses count on. They want the parents to give up, follow the ACS orders and admit that they are bad parents and enter services for help. It is at this momen...

In this post we will explore what concrete rights parents have when dealing with ACS. These are legal rights and cannot be taken away by an ACS worker: - A PARENT HAS THE RIGHT NOT TO SPEAK TO AN ACS WORKER- There is simply no law, rule, or regulation that requires that parents speak to an ACS worker. The ACS worker will accuse you of being "uncooperative". This is a threat. Do not allow this. Stand your ground. -YOU HAVE THE RIGHT TO AN ATTORNEY OF YOUR CHOICE- From the initial ACS visit you can have an attorney by your side every step of the way. The ACS worker will question why you hired an attorney. Do not answer. This is a constitutional right that many people have fought for. -YOU HAVE THE RIGHT TO REFUSE ACS REQUESTS- In our society, the only people that can force a private citizen to do things are the police and a judge's order. ACS cannot force you to do anything. All they can do is ask. If they so desire, they can go obtain a court order. -YOU HAVE THE...

Once a case has been filed against a parent in Family Court, ACS follows a usual script to get the parents to admit to some wrong-doing. First, they will charge the parents with any "fact" they can get any one to accuse the parents of. To ACS, the accusation is the evidence. Then, ACS will demand that parents complete "services" while the case is pending. In the vast majority of cases, the parents are not advised that these "services" are voluntary and need not be done in order for the case to go forward. However, due to the shock of being dragged before a judge and accused of child abuse, parents will usually do ANYTHING in order to prove to everyone that they are good parents. At no point is ACS ever challenged to prove their case in point. In one recent victory, the ACS worker admitted under oath that she "never" reviewed the parents medical records in a case where they would be very important. After about a year of court proceedings, ACS c...

ACS contacts parents in two ways. For the most part, they call and try to set up a time to visit the home. In some cases, ACS workers will make a surprise visit to the home to try and catch the parent off guard.  The goal is to catch the parent in a moment of panic so the parent will speak to them and let them in the home. Once you refuse ACS access to the home, they will usually contact the police and come back with police officers. The officers will then in turn try to convince you to open the dorr and make things "easy on yourself". If you still refuse, the ACS worker can go to a Family Court Judge and ask for an order letting her into the home. This is done as a matter of routine and it does not take much for Family Court Judges to issue these orders. For the most part, most Family Court judges are deathly afraid to say no to ACS, so they simply sign off on any ACS request.  The ACS worker will then come back with a warrant from the judge. If an ACS worker wants acce...

The biggest tool in ACS workers arsenal is the ability to mislead nervous parents by lying to them about the nature of the allegations against them and the ever-present threat of removing their children. ACS workers rely on the parent's fear in order to force the parents to comply with their demands. Here are some things ACS workers will demand from parents: - Drug tests. - Signed HIPPA forms - Home visits - Parenting classes Do not fall for their lies. Contact an attorney as soon as ACS workers contact you. FIGHTACS.COM

The case was as complicated as it gets. F.S. and his soon to be ex-wife were in the process of a hotly contested divorce. She had accused him of domestic violence, had him arrested and ACS brought neglect charges against F.S. in Family Court. After a trial before the Hon. Emily Olshansky, the Court found the client did not commit child abuse. "There was a lot at stake for our client in this case. If he lost this case he would have certainly lost custody," Mr. Discioarro said. The soon to be ex-wife testified how awful and controlling F.S. was and how he was violent and abused her for years. Meanwhile, under intense cross-examination, she admitted to shoplifting, and even lying to her friends and family on Facebook as to her academic achievements. "ACS did a very poor job of investigating this case," Mr. Discioarro said. "They should have known that this woman was lying about almost everything in her life." The judge rendered a verdict from the...

When ACS workers do not have enough evidence to take parents to Family Court and accuse them of neglect, they file a case with the OCFS, The New York Office of Children and Family Services. Here are the basic steps in that process. 1. The parent is given a letter with a case number, indicating that a case has been open. The letter states the agency has 60 days to investigate. This is not true. ACS will keep cases going as long as they want. 2. The parent will then be sent another letter stating that they have been, "indicated" for child abuse. They are then given instructions how to have a hearing. 3. A preliminary conference is held before a judge. A hearing will then be scheduled. 4. A hearing will take place. The judge issues a written decision in about three weeks. This is not a process parents should go through alone. Most at risk are parents who have jobs in the medical or child care field. Retain an attorney as soon as you have been notified that there is a...

The shock of having ACS accuse you of child abuse is often overwhelming to parents. Now they must deal with the NYC Family Court. To begin with, every county has its own Family Court. They are often crowded, loud and there is simply no order. Once a  parent actually enters the courtroom they will soon realize ALL of the power belongs to the judge. There are no juries in New York Family Court. This allows ACS to tailor their cases to a specific judge. Over the years ACS has learned how to intimidate and coerce judges into accepting their way of doing business. We often hear in conferences " This is how things are in Family Court." Because no juries ever get to hear a case, it is a very insular system that does not receive the scrutiny that it deserves. It is simply outrageous that if a person is injured in a car acciden, a jury decides if they receive money, but if the state tries to remove your child, only a judge decides that. Next, the adjourn dates last over a year in mo...

We get this question from many clients and parents who are desperate to hold ACS accountable. The answer is YES, but there are many obstacles. First, since ACS is a city agency, notice must be served withing 90 days. Hoever, if you are suing in federal court some of these time limitations do not apply. We are often asked what type of lawyer would file this lawsuit. These types of cases are considered civil actions and are mainly brought by personal injury lawyers and lawyers that have experience in suing New York City and its agencies. Usually, these cases are done on contingency fees. That means the client does not pay the attorney, but will share in the winnings if any. So, your case must be one that a civil attorney sees has a good chance of winning. If you decide to contact one, before you meet them, try and prepare a detailed package about your case for him to review. This will make things easier for the attorney and you will receive a faster answer on how successful he thinks yo...

OCFS is the state office that handles complaints against parents suspected of child abuse. When ACS does not have enough evidence of child abuse against a parent, they will file a case at OCFS. A hearing will then be conducted. Most at risk are parents who are in the child care or medical profession, as well as law enforcement. Thus, ACS will put the economic lives of parents at stake in order to fulfill their bureaucratic needs. This is one of the main reasons why ACS is a highly dangerous and dysfunctional agency. The well -being of the family is of no concern to ACS workers and their supervisors who are trying to justify their salaries and budgets by attacking NYC parents at an alarming rate. If you receive a letter from OCFS, do not ignore it. There may be serious implications for your employment if you are found guilty of child abuse at this agency hearing. Contact us at 917-519-8417 or go to BROOKLYNACSLAWYER.COM

While Staten Island is often called the forgotten borough, ACS is very active in attacking parents in court. Because of the small size of the county, there are only a small number of family court judges and  this allows ACS greater freedom in charging parents. The ACS legal department knows they simply have to cater to the desires of these judges and that makes it easier to create cases against clients. Fortunately, for the parents of Staten Island, the judges in Family Court are very balanced and are good at challenging ACS when cases are brought. If ACS has called you, you must call us!You must find a lawyer that is a skilled negotiator and also has powerful ability in a courtroom setting. With the exceptional legal qualifications of NYC Child Abuse Defense Attorney Michael S. Discioarro, your case will be fully reviewed and evaluated to determine the best course of defense to protect you. In any ACS case, all evidence against you must be thoroughly investigated and all a...

It has been reported that ACS investigated, Cesar Gonzales Mugaburu , nine times and did nothing to stop him. There have been countless families injured by the failed agency. If they cannot be trusted to find a child molester right under their noses, how van they be trusted to investigate parents in cases of neglect. Each child was in the custody of this monster because ACS believed the parents were abusing the children. Our Law Office has seen so many cases of this it truly saddens us.

Judith Likeen, another ACS failure. ACS has failed us again. This time a foster parent who abused children and was paid over 1 million dollars by the city of New York. The tragedy is that the vast wealth that is now NYC, our political class still cares very little of what happens to children in foster care. ACS must be reformed from the top to bottom. I have called for the termination of all top level management. This must happen now to keep our kids safe.

The Long Island story about child abuser and foster parent, Cesar Gonzales-Mugaburu, keeps getting worse. This story will allow the public to see exactly how ACS operates. Will anyone be held accountable? Will anyone at ACS be fired? The answer is going to be a resounding NO! While ACS is quick to attack any parent for anything, the fact that they have allowed children in foster care to be abused is shameful. We deserve better as a city and our children certainly deserve better. Why are New York City's children worth so little? It is time for change. The Mayor needs to remove all of the ACS leadership and start anew. It is time to retrain all of the staff by real childcare professionals and hire new ACS workers who are paid like professionals.  Our children are dying.

This heartbreaking story from   California shows how a well intentioned law is causing damage.The Indian Child Welfare Act was passed to make sure indian kids were not placed in white foster homes. This was a big problem before the law was passed. It no longer is a problem.Now it is being used by Courts to break up families and hurt children. It must be reformed. ACSATTORNEY.COM

ACS has for years been dawning helpless children to a serial child molester in Long Island. This is yet another instance where ACS has failed to protect our children. We deserve better. I call on the Mayor to replace all of the leadership at ACS and start anew. Enough is enough!

ACS workers routinely violate a parent's right to counsel in every court case. They do this by engaging in discussions about the case AFTER a lawyer has been either assigned by the judge or retained by the parents.  Once a person has retained an attorney, that attorney must speak for the client. These are the rules that govern the right to counsel in New York. Yet, judge;s often turn a blind eye and attorneys are not aggressive enough in enforcing these rules. The ACS worker is not special. They have no special legal standing. As a matter of fact, they are often badly trained, rude and arrogant and routinely threaten the parents with removal of their children. Do not be a victim. Demand that they speak to your attorney and not you. Assert your rights.

ACS lawyers have standard lies that thy tell parents in order to get them to cooperate. Here are the top five. 1. This investigation will last 60 days. 2. I need information to close the case. 3. This is all a formality. 4. We need a drug test to close case. 5. You don't get to have a lawyer for this. For these reasons you should never speak to an ACS worker without an attorney present.

The most common question we get from our clients is; why is ACS doing this to us? The simple answer is that ACS is a highly dysfunctional agency with incompetent leadership that is allowed to abuse parents in NYC. IN addition to this callous incompetence, ACS must keep its numbers up in order to justify the billions of dollars it receives from the city and state. Just like every organization, ACS must justify its existence. This is accomplished by accusing as many parents as possible of abuse and then putting thise parents into "services". At the end of the year ACS writes a report and states that they have helped all of these families and their funding should be increased.  The more parents they "help" the more money they receive, thus keeping their jobs secure. This is why we see many cases being shared b y ACS workers because in places like Manhattan there is not enough of a caseload to support the staff. It's a smoke and mirrors game that ACS workers play to...

When ACS workers interview children about child abuse they try to coach the children as much s possible. The reason we know this is that many children will report back to their parents that the ACS worker was trying to have them make statements against their parents. This is truly disgraceful. ACS workers will also take anything the child says against the parent as the truth. No matter how troubled the child is. ACS calls these statements disclosures. They are treated as gospel and parents are dragged into court based solely on the child's statement.

In order for someone to become a judge in New York City, a long process needs to take place. Thus, obtaining a judgeship is very prestigious and also allows one to have a profound impact on the lives of the parties that come before you. Nowhere is this more true, then in Family Court . Custody, visitation, parental rights are all up to the judge. There are no juries to decide anything. One of the biggest fears of a Family Court judge is to return a child to a parent in a neglect case, and the parent injuring or killing the child. This has happened in the past, and unfortunately, statistics tell us it will happen again. This is the greatest weapon ACS has. It takes courage for a judge to stand up to this dysfunctional agency. Fortunately, the judges of Family court are up to the task and mostly are independent thinkers that look at one case at a time. Brooklynacslawyer.com

We often hear from our clients that they have tried to prove to ACS that they are good parents and ACS workers simply will not listen. The reason for this is very simple. The ACS agenda is to attack as many parents as possible and place as many children as possible in Foster Care. This both secures their jobs and their funding. parents usually find that ACS workers simply lie about what the parents or children have said to ACS. The solution is to speak to an attorney BEFORE speaking to ACS workers. This assures that your rights will be protected and your children will not be removed. Brooklynacslawyer.com

ACS is one agency consisting of lawyers and ACS workers. However, when a case is filed against a parent in court, this becomes a real problem. The ACS workers will continue to speak to the parent as they are trying to help them, while the ACS lawyer in court finds ways to attack them, The ACS worker will often report back to the ACS lawyer negative things about the parent. This is the equivalent of a detective arresting you and weekly visiting your home while your trial is going on. ACS workers are trained to avoid the fact that clients have lawyers. The best remedy for this is to refuse to speak to ACS workers about the case without your lawyer present. You can learn more at BROOKLYNACSLAWYER.COM

In a recent case, the parents obtained medical care for their child and ACS was involved. The ACS worker assured the parents that this case was of no concern. Then the parents received a letter in the mail saying they were indicated for child abuse. When the parents tried to obtain an explanation from ACS, the ACS worker would not return their calls. This is a classic ACS case. They assure the parents that nothing is wrong and then hit them with a indication. What this means is now the parents will have to file for a hearing if they want to be removed from the indicated list. This is simply a way to attack parents without any actual proof .Brooklynacslawyer.com

The ACS worker has a standard lie that they will tell a parent. This is called the 60 day lie. The ACS worker will tell the parent hat the investigation will only be open for 60 days, as per state law. In fact, the ACS workers will keep the investigations open for much longer. The main reason for this is trying to find something to blame the parents for. ACS will keep digging until they find anything they can attack the parent with. This lie is simply used to bring the parents guard down which then allows the ACS worker to come in and make more demands. Do not fall for these falsehoods by the ACS worker.

ACS uses several tactics to coerce parents to settle a case in court. The first weapon they have is time. ACS will drag the case on for months and months in hopes of beating down the parents. After a while, most parents are tired of the abuse and harassment and simply take a "deal" to get the case over with. The next and most used tactic is accusing the parents of horrific violations of child abuse in the beginning and letting them plead guilty to something less to get rid of the case. This makes it appear as if the ACS lawyers are reasonable. Also, despite the fact that ACS is one agency, the ACS lawyers call the ACS workers their clients. This allows ACS lawyers to play many roles in negotiations and allows the ACS lawyer to blame the ACS worker if anything should go wrong. No other city agency with their own attorneys walks int court and says they represent themselves. This is pure gamesmanship. Many parents are very dismayed once they learn how dysfunctional the ACS lawy...

The most common issue is whether a person who has been reported for hold abuse should talk to the ACS worker. The answer is always NO without an attorney. ACS workers are trained to bring cases against parents. They will ask all kinds of questions in order to get parents to enter into services. They also do not record the  conversation in any way. So never speak to an ACS worker without an attorney.

When a case completely falls apart in court, ACS offers what is called an ACD to the parent. This is an Adjournment in Contemplation of Dismissal. This means that if the parent abides by certain ACS demands the case will be dismissed after 6 months or a year. This can be a very tricky offer. It may appear like the parent is getting a break, but in fact, ACS is setting the parent up to fail and violate the terms. Make sure to have your attorney review the terms carefully and understand exactly what ACS is demanding. Brooklynacslawyer.com

This is a common question asked by our clients . The answer is very complicated but we will try and simplify it. ACS is a state agency and because of that they have certain immunity. Than means they can only be sued for certain things. The best way to sue ACS is to hire an attorney that practices in suing state agencies like police departments. These types of lawyers know how to effectively sue these state actors and will be able to best tell you if your case has merit or if its worth pursuing. ACS will try to hide as much evidence as possible and you should have a lawyer who can attack them in effective ways. You can learn more at brooklynacslawyer.com

Parents who cannot afford to hire their own attorney in Family Court in NYC are assigned attorneys to them by the Court. These attorneys are called 18B attorneys and are private lawyers that are paid by the court to represent parents. Many parents have expressed frustration with using 18B attorneys, stating that they do nothing for them. In reality, many of these attorneys are excellent lawyers. The problem arises when they are overwhelmed by cases that they cannot give sufficient time to the client to discuss their case. It is not the fault of the attorneys. No attorney can properly handle many cases at once. There is a limit to the time and effort that each attorney can give. We have always strongly urged parents to hire their own Family Court lawyers when possible. Make sure to hire someone who is familiar with NYC courts and has experience. Fighting ACS is not a part time job. They use all sorts of tactics in court to attack the parent. Try and hire your own attorney whenever pos...

ACS, like many agencies is responding to an ever changing city. New York City is now one of the wealthiest cities in the world and there has never been a city like this in the history in America. Because gentrification has taken hold, many wealthy families are now residing in NYC. Traditionally, the wealthier a city is, the less need for social services. This is a real problem for an agency like ACS who wants to keep its billions in funding. ACS has a simple solution. They simply bring more frivolous cases against parents and in some cases even share a case with several ACS workers to make it appear that they are working. The result is innocent parents being attacked by ACS.

Often ACS workers will run into parents that do not allow them to speak alone with the child. ACS workers have a very easy way of getting around this. They simply go to the child's school and pull them out of class and speak to them without the parent present. School officials are so terrified of ACS workers that they quickly hand the child over to them and the workers talk to the chile alone. This allows the worker to claim that the child made certain statements. If ACs workers meet resistance from school officials they simply threaten them with being arrested for interfering with an investigation. As soon as an ACS worker contacts you, you should contact at attorney as soon as possible. Stand up for your right, or go to BROOKLYNACSLAWYER.COM

The path to becoming a judge is often long and difficult. In New York, it is often a political process which requires the support of political parties in order to be elected. Family court judges are no exception. Once in the bench, most judges develop their own style and positions on issues. One fear that all judges have is the fear of bad publicity. One wrong decision can wreak havoc on a judges'S carreer and serially damage chances of being reelected. Thus, most judges will decide many cases based on political calculations. This is what occurs in the family courts of New York City. Once ACS files a petition, they are telling the judge that this kana bad parent and must be punished. The first time a parent appears in front of a judge, the judge will usually do exactly as ACS asks. Why should a judge take a risk on a parent they do not know. It's easier just to go along. Not until the parent proves to the court that they are no threat, will a judge ever consider changing her po...

ACS workers will use all sorts of tactics to obtain compliance from a parent. Here are some of the most common we encounter in our practice. THREATEN TO TAKE YOU TO COURT- This is the top ACS lie. ACS workers generally want to do as little work as possible. Filing a court petition takes effort and interaction with attorneys. This is a very effective threat against parents. The vast majority of parents will comply once threatened with this action. THE INVESTIGATION WILL LAST 60 DAYS- This is a simply lie to get the parent at ease. After the sixty days are up, the parent will assume that the investigation is over. This is simply not the case. ACs does not adhere to an schedule or regualtions. The investigation goes on as long as they need it to. MY SUPERVISOR SAYS SO- This is called the higher authority trick. The ACS worker will state that the supervisor is demanding more information from the parent. The fact is that ACS supervisors are there to help the worker attack the paren...

If you are reported for child abuse and the caller accuses you of drug use, ACS workers will come into your home and demand that you take the drug tests. Once a test is taken by the parent at an ACS FACILITY, the parent will not be given a copy of the results. The ACS worker will tell the parent that they have failed and demand that the parent enter a drug rehab program. We must also understand that many of these programs that ACS sends parents to are ineffective and are only used to increase the ACS budged by showing that ACS has " helped" families at risk. If and ACS worker asks you to take a drug test, consult an attorney immediately.

Under New York Law  parent can go to court and obtain a Persons In Need Of Supervision warrant from a judge. This is usually done by parents who have an out of control teenager and want help from the police in locating them. Once this is filed, this is fertile ground for ACS to attack parents. ACS worker will interview the child and most of the time the child will say horrible things about the parent. ACS will then take this information and accuse the parent of abuse. This is a way to build up the ACS case load and keep the ACS money train moving. So a parent who goes to the courts seeking help, will often find themselves the target of ACS attacks. This is a very dangerous situation for the parent because the child will quickly recognize that they have power over the parent, and will be emboldened to act out even more.

As every organization, ACS has its bureaucratic needs. The most important thing to ACS is to keep and expand its budget. They receive millions and millions of dollars from state and federal sources. In order to keep up the appearance that they are trying to "help" the children of NYC, they must show annual reports that show how many families they have " helped." Let us be clear, to actually help a struggling family requires expertise and a commitment that ACS workers do not posses. Thus, they are left with the way easier option of making pretend to help, already functioning families. This is the reason why parents are bullied into "programs. ACS knows that if they can throw a family into a year long program, they can then claim that they have "fixed" the parents and continue to receive their funding. It is the equivalent of washing a car that is already clean. This is the root of all of the ACS tactics and pressure to get parents into these programs....

Once a petition is filed ACS will attack the parents in two different ways. The ACS worker will visit the home and write reports for the court. These reports are given to the judge to advise the judge what the parents are doing in the case. This allows the ACS worker to manafacture allegations against the parents and present them to the judge as fact. Judges in family court rely on these reports when making decisions. Parents are often shocked at the content of these reports. In one case, we had an ACS worker claim that the parent pushed the worker out of the home. It was simply a lie. Ultimately ACS dismissed the case after a year of attacking the mother. Another tactic is to file motions on Friday at 4pm and email them to the attorney or file them the day before court so the opposing attorney has little time to react. These are some of the basic tricks used against parents in court. We should always be vigilant when ACS is attacking our clients in court. Too many judges simply take A...

ACS workers will file records with their supervisors as the case progresses. These records are notoriously immaculate and are only used to bolster the ACS worker's allegations against the parents. When we show the parents these records they are often shocked as to what the ACS worker wrote in the report. That is why it is so important to record the ACS worker when they visit your home.