When a child is removed by ACS, 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.
Supreme Court of the State of New York Appellate Division: Second Judicial Department AD3d Argued - May 17, 2022 FRANCESCA E. CONNOLLY, J.P. JOSEPH J. MALTESE PAUL WOOTEN LARA J. GENOVESI, JJ. 2021-07543 DECISION & ORDER In the Matter of Lexis B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 1) In the Matter of Joseph B. (Anonymous). Administration for Children’s Services, petitioner-respondent; Natalia B. (Anonymous), appellant, et al., respondent. (Proceeding No. 2) (Docket Nos. N-1916-21, N-1917-21) Michael S. Discioarro, New York, NY, for appellant. Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Deborah A. Brenner and Andrea Nishi of counsel), for petitioner-respondent. Anne M. Serby, Long Beach, NY, attorney for the child Lexis B. In related proceedings pursuant to Family Court Act article 10, the mother appeals from an order of the Family Court, Queens County ...
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