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Showing posts from May, 2017

THE 1028 HEARING- WHEN SHOULD YOU ASK FOR ONE?

The New York Family Court Ac t gives parents the right to demand the return of their kids under section 1028: a) Upon the application of the parent or other person legally responsible for the care of a child temporarily removed under this part or upon the application of the child's attorney for an order returning the child, the court shall hold a hearing to determine whether the child should be returned (i) unless there has been a hearing pursuant to section one thousand twenty-seven of this article on the removal of the child at which the parent or other person legally responsible for the child's care was present and had the opportunity to be represented by counsel, or (ii) upon good cause shown.  Except for good cause shown, such hearing shall be held within three court days of the application and shall not be adjourned.  Upon such hearing, the court shall grant the application, unless it finds that the return presents an imminent risk to the child's life o...

HOW ACS ABUSES EXPERT MEDICAL TESTIMONY

ACS routinely takes advantage of medical "experts" to attack parents in court. They follow the same process every time. A child will go to a hospital with an injury, the attending physician will contact ACS and ACS will accuse the parent of abuse. Despite the parents explanation, ACS will say that the injury could not have happened that way and they will obtain a medical expert to back them up. The interesting thing is that ACS always uses the same two experts. One of a nurse and the other is a medical doctor. If the injuries are so apparent, you would expect many experts to have the same opinion. This is allowed to happen time and time again. The judges are aware that ACS uses the same expert over and over again and simply do nothing. In most cases, the parents cannot afford an expert to contradict what the ACS "experts" are saying. We have highlighted one expert witness who has already been sued by parents who were falsely accused. It is time for judges to put ...

HOW TO FILE A COMPLAINT AGAINST ACS

We are often asked by parents; how do I file a complaint against the abusive ACS worker. The first thing we advise is not to file an complaints with anyone at ACS. ACS supervisors are there to protect their paychecks and their jobs. They will usually stone wall the parent into giving up. The goal of the ACS supervisors is to ensure that the parents follow the demands of ACS. Also, we do not suggest filing a complaint with any local political office. ACS is so dysfunctional that they are immune to any political pressure of any kind. Mayor Deblasio has failed to correct the problems at ACS and the agency is simply on cruise control with no one in control. The most effective way to file a complaint against an ACS worker is to file suit in federal court. This will get the workers attention and take them out of their comfort zone. We urge parents to obtain an attorney as fast as possible and begin the process of a lawsuit. The federal courts are a neutral place for parents to bring ...