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 that his or her continuing in said place of residence or in the care and custody of the parent or person legally responsible for the child's care presents an imminent danger to the child's life or health; and
This leaves ACs workers with vast amounts of discretion. Because of the vast dysfunction in ACS these powers are often abuses. The most important thing a parent can do when fist contacted by ACS is contact an attorney. This is a difficult legal problem and must be addressed at once. BROOKLYNACSLAWYER.COM
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 that his or her continuing in said place of residence or in the care and custody of the parent or person legally responsible for the child's care presents an imminent danger to the child's life or health; and
(ii) there is not time enough to apply for an order under section one thousand twenty-two of this article.
This leaves ACs workers with vast amounts of discretion. Because of the vast dysfunction in ACS these powers are often abuses. The most important thing a parent can do when fist contacted by ACS is contact an attorney. This is a difficult legal problem and must be addressed at once. BROOKLYNACSLAWYER.COM
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