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 child that remains in foster car is a huge financial windfall for ACS and all of the agencies that they contract with. The children of NYC are a valuable commodity to the child protection industrial complex. ACS will often had over discovery the night before the hearing so as to give you very little time to review it. Also, you can expect anything positive about you to be ignored or hidden by ACS. IN one recent case the ACS worker avoided obtaining reports from our client's doctors because they were all positive. When challenged, she would state that no one would call her back.Yet she was able to obtain the negative reports about the child's father. A 1028 hearing can be won but you must be smart and realize that ACS will do anything to keep the children in foster care to advance their financial needs.
FIGHTSACS.COM
BROOKLYNACSATTORNEY.COM
NYCACSLAWYER.COM
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 child that remains in foster car is a huge financial windfall for ACS and all of the agencies that they contract with. The children of NYC are a valuable commodity to the child protection industrial complex. ACS will often had over discovery the night before the hearing so as to give you very little time to review it. Also, you can expect anything positive about you to be ignored or hidden by ACS. IN one recent case the ACS worker avoided obtaining reports from our client's doctors because they were all positive. When challenged, she would state that no one would call her back.Yet she was able to obtain the negative reports about the child's father. A 1028 hearing can be won but you must be smart and realize that ACS will do anything to keep the children in foster care to advance their financial needs.
FIGHTSACS.COM
BROOKLYNACSATTORNEY.COM
NYCACSLAWYER.COM
Comments
Post a Comment