NEW YORK CITY ACS DEFENSE LAWYER

Opinion: City is Spinning Child-Welfare Stats By   Richard Wexler  |   March 28, 2019 RECOMMEND TWEET   EMAIL PRINT MORE NYC MMR Were there a hotline to which one could report statistics abuse, the leaders of  New York City’s Administration for Children’s Services would have their rights to their spreadsheet software terminated. ACS Commissioner David Hansell’s  recent column  for  City Limits  is only the latest example.  The agency regularly cherry-picks data to disguise the fact that, under Hansell’s leadership, ACS has retreated from reform and subjected more children to the enormous trauma of needless foster care. Consider the matter of time frames.  When it suites him, Hansell is willing to go back decades, in effect taking credit for the accomplishments of others in reducing the number of children in foster care on any given day. But when it comes to the number of children torn from their families in the mos...

I have nothing to hide. This is what most parents believe when they receive a call from ACS. Naturally, parents will freely let the ACS worker in and discuss all sorts of family issues. Here are some of the reasons why you should seek an attorney as soon as possible: - ACS workers have an agenda. First, if they can, they want to remove the child. If not, they want the parents to submit to supervision and useless services. Why? Its very simple. ACS has a $3.1 billion budget and they must have " customers" to use to keep their funding. - Anything you say to an ACS worker will not be recorded in any way and will later be twisted or lied about and used against you. - ACS workers will not tell you the truth about who called and why. - Once you are placed on the Child Maltreatment list you cannot adopt or work with children. -ACS workers will tell you that you do not need an attorney. This should raise a suspicion. If you have been visited by ACS, Contact an attorney as...

 We are often asked, who parents can g complain to about ACS and especially ACS workers. The real answer is, no one. ACS is an agency that is beyond being shamed or attacked or punished in any way. It is an agency that has failure as its hallmark. This is an agency that has, through its incompetence, allowed children to die in unsafe homes, yet at the same time attacking innocent parents. In fact, when ACS allows a child to die, the mayor and commissioner hold a press conference stating how this should never have happened and how ACS will obtain moire training and money. The ACS budget is now over 3 billions dollars. And no one has any idea how this money is spent. In fact, a judge in Manhattan recently held ACS in contempt for not buying a handicapped child a new wheelchair. This is child abuse in its worst way. The only way to fight ACS is in court before an neutral judge. There are a few courageous judges that stand up to ACS and will hold them accountable. We also tell parent...

It is a shock to most parents. You receive a letter in the mail from the Office of Children and Family Services, stating that you have been indicted for child abuse. What does this mean? The OCFS is an office that handles child abuse cases. If ACS does not have enough evidence against parents to bring charges against them in family court, they will bring a case in OCFS. The office does a "review" and advises the parent if they have been indicted. The vast majority of parents will be indicted by OCFS. The process then involves a hearing before an administrative law judge. These indications have serious consequences for parents who work in child care or healthcare. ACS assigns an attorney that handles the OCFS case and will prosecute the case. usually, ACS does not call any witnesses and relies on the reports issues by the ACS worker. Most ACS workers are poorly trained, and seek ways to attack the parent any way they can. It is important to prepare  a cross examination and h...

The Family Court Act section 1028 allows parents to have a hearing if their children have been removed by ACS or in many cases if the parent has been excluded from the home. In the vast majority of cases, the Court must begin the hearing within three days. Here is the catch, the Court does not have any time frame in which it must conclude the hearing.  Family Court judges in NYC are swamped to say the least. The demands on their time are severe and ultimately parents and children suffer. So how does one actually win a 1028 hearing? To begin with, the burden is on ACS to show that the parent is an imminent risk. Imminent does not mean possible. The risk must be real and lurking. Each case is unique but here are some things you must do: - Bring witnesses if any - Be prepared to testify on your own behalf. -Use ACS tactics against them. - Read all of the progress notes in the case. ACS has certain tricks and tactics that they use in order to win the hearing. Remember a chi...

NYC ACS Lawyer Announces Return of Child in 1028 Hearing ACS took our clients child away from the hospital upon her birth. After weeks of testimony and outright fabrications from the ACS worker, the child was reunited with her mother. NEW YORK  -  June 3, 2019  -  PRLog  -- The case against N.P was particularly sad. The parents had been ambushed by an ACS worker at the hospital. ACS workers like to attack parents in the hospital after they have given birth because they are in a weakened state and cannot defend themselves. The ACS worker removed the child from the parents custody and would not let child leave the hospital. This is the power that ACS has. The Law Offices of Michael S. Discioarro, LLC filed a demand from a return of the child. This is known as a 1028 hearing. The hearing began and what followed was weeks of testimony before the Hon. Frias-Colon. ACS was adamant about the child not returning to the mother despite there being no imminent risk ...

PROTRACTED 1028 HEARINGS FIVE CASE STUDIES RAISING STATUTORY AND CONSTITUTIONAL CONCERNS ABOUT NON- EXPEDITED HEARINGS UNDER SECTION 1028 OF THE FAMILY COURT ACT IMPACT LITIGATION PRACTICE EXECUTIVE SUMMARY The New York Family Court Act enumerates procedures in abuse and neglect cases that are intended to safeguard fundamental familial rights. These procedures balance the state’s interest in protecting children from harm with the family’s interest in unity free from government interference. The Bronx Defenders represents thousands of parents facing abuse and neglect allegations each year. In this report, we shine a light on operational and structural problems within the Bronx Family Court that routinely result in the prolonged and unwarranted separation of families and which cause the kinds of harm that the Family Court Act was designed to prevent. When the Administration for Children’s Services (ACS) temporarily removes children from their parents pending trial in abus...