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Showing posts from January, 2021

WHAT ARE THE PARENT'S RIGHTS IN AN ACS CASE?

 ACS has a website dedicated to what happens to parents in an ACS case. You can find it here.  What ACS does not tell you is that you have legal rights that ACS cannot remove. We will discuss each one. 1. THE RIGHT TO A LAWYER - The New York and Federal constitution guarantee a right to a lawyer. ACS workers will often tell parents they do not need a lawyer because the case is not in court. This is incorrect. When dealing with a state authority, a parent should awls seek legal counsel. Most parents are not equipped to deal with ACS workers. 2. YOU MUST COOPERATE: Parents have the absolute right to ignore ACS workers demands and force ACS to speak to their attorney. 3. YOU CANNOT RECORD ACS WORKERS : ACS workers do not like to be identified or be held accountable. You have the right to record them in your home. 4.YOU HAVE THE RIGHT TO SEEK A JUDGE'S DECISION: The only thing that stops ACS workers is a Judge's order. When an ACS worker is being abusive you can ask y our attorn...

CAN I RECORD ACS?

 The answer is YES! ACS workers prefer to operate in anonymity, The vast majority of the time they do not even present parents with ID. Nor do they provide a business card. That I shy it is so crucial to record your encounter with the ACS worker. This is the most effective way to protect your rights against a highly dysfunctional agency with an agenda to attack parents. If ACS has targeted your family, contact THE LAW OFFICES OF MICHAEL. S. DISCIOARRO, LLC. AT         917-519-8417 QUEENSACSLAWYER.COM STATENISLANDACSLAWYER.COM NYCCPSLAWYER.COM FIGHTACS.COM

THE ACS 60 DAY LIE

 Parents are misled by ACS workers in several ways. One of the most glaring, is when an ACS worker tells a parent that the investigation will be open for 60 days. This is important in several respects. First, it gives parents hope. Parents see the 60 day time frame and anxiously wait for it to end. Second and most important, because parents believe it is only 60 days, parents will do anything the ACS worker says in that 60 days. The fact of the matter is that while the 60 day time frame is in the statute, it is rarely followed by ACS workers. The investigation will go on as long as the ACS worker needs to accuse the parents of wrongdoing. NYCACSLAWYER.COM FIGHTACS.COM BROOKLYNACSATTORNEY.COM NYCCPSLAWYER.COM

ACS IS ADVERTISING FOR MORE CASES AND CHANCES TO ATTACK PARENTS

he MTA’s safety campaign “If You See Something, Say Something” is a familiar message, one that urges New Yorkers to pay attention and report suspicious activity. But when a  child-welfare campaign adopted a similar tone, critics told WNYC they worried about potentially harmful  consequences for children and families.  The Administration for Children's Services is running ads on Instagram, Facebook and Snapchat, in part to reach teenagers and prompt them to report their own abuse or call for a friend. The link is below. If ACS has targeted your family contact us at 917-519-8417 .  https://www.wnyc.org/story/acs-social-media-campaign/ FIGHTACS.COM NYCCPSLAWYER.COM QUEENSACSATTORNEY.COM

ACS IS NOW DOING CHILD SAFETY CONFERENCES AFTER FILING A PETITION

 ACS workers are now ordering parents to child safety conferences after they have filed a petition against the parents. What is more important is that they are barring attorneys from participating. The right to counsel is part of the New York and Federal constitution. It is simply illegal to do so. ACS workers want to use these conferences to further attack parents. This cannot stand. Contact the Law offices of Michael S. Discioarro, LLS at 917-519-8417 if ACS attacks your family. NYCCPSLAWYER.COM FIGHTACS.COM QUEENSACSLAWYER.COM

HOW CAN I SUE ACS?

 We receive many inquiries about filing a lawsuit against ACS. It is important to note that suing ACS is suing the City of New York. This is a highly complicated process and we advise that you obtain an attorney if you plan to sue. Attorneys can either take the case on a percentage basis or you must pay them by the hour to work on your case. And in New York City, hourly rates can be over $350.00 an hour. As you can see this can get very expensive. Also NYC has something called qualified immunity.   Generally, governmental actions that require the exercise of discretion but are not judicial or quasi-judicial are entitled to “qualified immunity,” meaning that they are immune from liability unless performed in bad faith or without a reasonable basis.  Signature Health Ctr., LLC v. State , 28 Misc. 3d 543, 902 N.Y.S.2d 893 (Ct. Cl. 2010),  aff’d , 92 A.D.3d 11, 935 N.Y.S.2d 357 (2011). Qualified immunity’s function is to protect government officials from liability f...

NYC PUBLIC SCHOOL TEACHERS AND OFFICIALS TARGET PARENTS BY CALLING ACS ON THEM

  Teachers and school officials are by far the most frequent callers to the State Central Register for Child Abuse and Maltreatment, filing nearly 4,700 reports in New York City from November through January, according to ACS. Those numbers tend to dip in the summer months, while children are not in view of teachers. When schools shut their doors in mid-March, and kids retreated into their homes, concerns that serious cases of neglect or abuse would go unnoticed during a time of intense family stress loomed large. As of April 9, call volume to the State Central Register had decreased slightly, according to the state Office of Children and Family Services, which declined to provide actual figures without a formal Freedom of Information Law request. Jeannine Smith, a spokesperson for the agency, stated that “it would be premature and inaccurate to consider this a trend.” Under a decade-old agreement with ACS, the Department of Education instructs its personnel to call the hotline whe...